Back / lumbar spine decisions — 2022

The Veteran's claims for service connection on multiple issues have been remanded due to the need for additional development and consideration of relevant medical records.

The Veteran's asthma and chronic sinusitis are granted service connection due to presumed exposure during the Gulf War. The low back disorder, bilateral lower extremity radiculopathy, and erectile dysfunction are remanded for further examination and opinion regarding presumptive service connection.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical opinions regarding his lumbar spine disability, radiculopathy of the left lower extremity, and whether he is entitled to TDIU prior to October 3, 2017.

The Board has remanded the case for a new VA examination to determine if the appellant's congenital defects were aggravated by his service, specifically his periods of ADT. The examiner is also asked to clarify whether any current low back condition other than spina bifida occulta and spondylolysis was caused by these periods of service.

The Board has dismissed the appeals for earlier effective dates and granted a 10 percent rating for lower back scar. The Veteran's lumbar spine disability is remanded for further evaluation, including consideration of radiculopathy symptoms.

The Veteran's appeal for higher ratings and service connection for various conditions has been dismissed due to withdrawal. The issue of service connection for degenerative disc disease, cervical spine, is remanded.

The Board has decided to remand the Veteran's claims for a right knee disability and back disability due to incomplete service treatment records. The AOJ is instructed to attempt to obtain these records, including from the National Personnel Records Center (NPRC) and Navy Personnel Command. Additionally, VA should request any relevant private or incarceration-related medical records.

The Board has denied service connection for a back condition due to lack of evidence showing the Veteran's current condition is related to his military service.,PTSD, hypertension (HTN), liver condition, sleep disorder, and TB are all remanded as there is insufficient evidence regarding their etiology.

The Board has determined that the Veteran's current spine disorder, other than viral myositis, manifested during active duty service and is therefore granted service connection.

The Veteran's lumbar spine disability and sciatic radiculopathy of both legs are rated based on their functional impairment, with the highest rating granted for a 40 percent from May 4, 2013, to November 2, 2018. The case is remanded due to further development being necessary.

The Board denied service connection for lumbar spine disorder, hypertension, erectile dysfunction, and nerve impingement as the evidence did not support a finding of in-service incurrence or a link to service.

The Board has remanded the Veteran's claims for lumbar spine disability, cervical spine disability, left shoulder disability, and non-ischemic cardiomyopathy due to inadequate VA medical opinions in previous decisions. The Veteran is required to provide additional addendum VA medical opinions that consider his lay statements regarding symptoms and continuity of symptomatology.

The Veteran's radiculopathy of the left lower extremity is granted, and his PTSD with unspecified trauma disorder is rated at 50 percent. Service connection for hypothyroidism with benign tumor is denied.

The Board has granted service connection for the C-section scar and nerve damage associated with it. The issue of service connection for a low back disability is remanded due to insufficient evidence.

The Board has remanded the claims for service connection and temporary total evaluation due to back surgery, as these issues are inextricably intertwined with the thoracolumbar spine disability claim. The Veteran's lay statements regarding his in-service injuries will be considered, along with any new or addendum VA opinion.

The Veteran's low back disability has been rated at 40 percent since May 26, 2021. The Board remanded the case for further development and evaluation.

The Board has remanded the case for further development, including a new VA examination to determine the nature and etiology of the Veteran's lumbar spine disability.

The Veteran's claims for service connection have been reopened, but further development is needed to determine the etiology of his claimed sinus and lower back conditions.

The Board has decided that additional VA records need to be reviewed and considered for the claims of lumbar spine disability and hypertension. The Veteran's appeal is being remanded so that the agency of original jurisdiction can consider these new records.

The Veteran's claim for service connection for osteoarthritis of the lumbar spine has been granted. The Veteran's claim for a rating in excess of 60 percent for HIV related illnesses is remanded due to new symptoms reported at his hearing.