Back / lumbar spine decisions — 2022

The Board has determined that additional development is needed for the Veteran's claims, including VA examinations and a retrospective medical opinion. The case will be returned to the AOJ for further action.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for higher initial disability ratings for his generalized anxiety disorder, right ankle fracture, and lumbar spine disability. The Veteran will be provided with a VA Form 21-8940 for completion regarding his TDIU claim.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on the need for regular aid and attendance or housebound status.

The Veteran's appeals for an enlarged prostate and a right foot disability have been withdrawn.,Service connection has been granted for headaches. The Board found that the Veteran's current headaches began during his active duty service.

The Board has decided to remand the Veteran's claim for further development due to incomplete medical records and a need for an addendum opinion regarding the nature and etiology of his lumbar degenerative disc disease (DDD) at L4-L5 with degenerative joint disease.

The Veteran's claim for service connection for chronic fatigue syndrome was denied as there is no evidence of a current disability meeting the regulatory requirements.,Service connection for hypertension was denied due to lack of in-service diagnosis and failure to show continuity of symptomatology within one year after separation from service. The VA opinion found that exposure to chemicals at George AFB did not cause the Veteran's hypertension.,The claim for service connection for a back disability was denied as there is no evidence of an in-service injury or chronic condition, and the VA opinion found that the Veteran's current condition is more likely related to degenerative changes rather than her period of active service.

The Veteran's appeal is denied as his conditions are not rated higher than the current assigned ratings.

The Board has found that there has not been substantial compliance with the previous remand directives and has therefore ordered a new VA examination to assess the severity of the Veteran's low back disability from February 2009 to August 2011, and from August 2011 to January 2017.

The Veteran's hepatitis C is granted as service-connected, with the condition likely related to his service in Desert Storm.,The Veteran's low back disability is granted as service-connected, linked to his service from 1991-1991 and diagnosed during service.,Service connection for chronic fatigue syndrome (CFS) is denied.

The Board denied service connection for Traumatic Brain Injury and Lower Back Condition, finding no current disability related to service or new evidence.

The Veteran's claim for increased ratings for lumbosacral strain was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent prior to February 10, 2020, and from February 10, 2020, to November 15, 2021, or for a rating in excess of 40 percent beginning November 16, 2021.

The Board has denied service connection for left upper extremity neuropathy, right upper extremity neuropathy, lumbar spine disorder, duodenal ulcer, benign prostate hypertrophy, and obstructive sleep apnea as the evidence does not support a link to active service or any service-connected conditions.

The Veteran's skin disability, left shoulder strain, and lumbar strain claims have been denied. The Board found no current evidence of a skin disability or any recurrent symptoms related to the service-connected conditions. For the increased rating claims, the Board determined that there was not enough evidence to support an increase in ratings for the left shoulder and lumbar strains.

Service connection for degenerative arthritis of the lumbar spine is granted. The appeals concerning right upper extremity tremors, left upper extremity tremors, traumatic brain injury, cognitive issues (secondary to traumatic brain injury), and cervical spine disorder (secondary to traumatic brain injury) are dismissed.

The Board has reopened the previously denied claims for service connection for low back disability and type II diabetes mellitus due to herbicide exposure. The remaining issues are remanded for further development.

The Veteran's service-connected disabilities rendered him in need of the regular aid and attendance of another person prior to August 27, 2020, which resulted in a grant of special monthly compensation (SMC) based on the need for aid and attendance.

The Board has granted service connection for the Veteran's left knee and lumbar spine disabilities. The claim for service connection of a bilateral eye disability is remanded due to outstanding records and need for an examination.

The Veteran's claim for an increased rating for his back disability was denied, and he is granted a TDIU due to service-connected disabilities. The evidence did not meet the criteria for higher ratings under either the General Rating Formula or IVDS Formula.

The Board has determined that the Veteran's service-connected low back disorder is not related to his military service, but he meets the criteria for a TDIU since April 5, 2013 due to multiple service-connected disabilities.

The Board denied service connection for a low back disorder, finding that the Veteran's current condition is not related to his military service and did not manifest within one year of separation.