Back / lumbar spine decisions — 2022

The Veteran's request to continue the appeal of service connection for a left hand disability and an initial rating higher than 10 percent for tinnitus was withdrawn during the October 2021 Board hearing.,A claim to reopen the previously denied claim of service connection for bilateral hearing loss has been granted, as new evidence related to current bilateral hearing loss has been submitted.

The Board has determined that the Veteran's cervical spine disability, including degenerative disc disease and arthritis, began during service and has continued since then. Therefore, service connection is granted.

The Board has remanded the issues of service connection for a back disability and residuals of a traumatic brain injury (TBI), as well as the issue of entitlement to an initial 30 percent evaluation, and no higher, for residual scar status post neck laceration. The Veteran's claims are now pending before VA for further development.

The Board has granted service connection for a back disability and remanded the issue of service connection for bilateral hearing loss.

The Board has determined that the VA examinations and opinions provided are inadequate to address the Veteran's claims for service connection. The issues of service connection for back disability, bilateral knee disability, and bilateral hip disability have been remanded for further development.

The Board has determined that additional development is needed for the Veteran's claims regarding her lumbar spine degenerative disc disease and left lower extremity radiculopathy, as she testified to worsening of these conditions during her October 2021 hearing. The Veteran will need a VA examination to assess the current severity of her service-connected lumbar spine disability and lower extremity radiculopathy.

The Board has remanded both claims of service connection for lumbar spine disorder and respiratory disorder (initially claimed as COPD) due to the need to locate missing records, obtain additional evidence from the Veteran, and provide an addendum opinion regarding the etiology of these conditions.

The claim for service connection for residuals of rocket fragment to the left side of his head has been reopened due to new and material evidence. The effective date is not earlier than August 13, 2012.,Service connection for tinnitus was granted with an effective date of August 13, 2012. An increased rating in excess of 10 percent is denied.,Coronary artery disease (CAD) due to herbicide exposure has been granted. Service connection for hypertension (HTN) and other conditions have not yet been resolved.,Service connection for chronic headaches, bilateral hearing loss, lumbar spine arthritis, bilateral knee arthritis, and bilateral elbow arthritis remains pending.,Total disability rating based on individual unemployability due to service-connected disabilities is also pending.

The Board has denied a rating in excess of 40 percent for the Veteran's back disability and has remanded the issue of TDIU. The decision is binding only with respect to the specific issues decided.

The Veteran's PTSD is found to be causally related to his active duty service, and the Board grants service connection for PTSD.

The Board has dismissed the appeals for service connection of low back pain and left ear hearing loss due to the Veteran's death.

The Veteran's claim for service connection for degenerative arthritis and disc disease of the lumbar spine is remanded due to new evidence received since his previous denial. His prior claim for pinched sciatic nerve in leg was denied, but he has submitted new medical evidence supporting a current disability.

The Board has remanded the case due to insufficient medical records and a need for a new opinion regarding the etiology of the Veteran's low back disorder.

The Board has remanded several issues related to the Veteran's disabilities, including right shoulder disability, psychiatric disability, thoracic and lumbar spine disability, sciatic nerve radiculopathy, femoral nerve radiculopathy, left lower extremity sciatic nerve radiculopathy, and right lateral collateral ligament sprain. The remand requires obtaining additional VA treatment records and scanning relevant documents into VistA Imaging or CPRS.

The Board has granted service connection for a lumbar spine disorder as secondary to the Veteran's service-connected right ankle disability. The issue of service connection for a right knee disorder is remanded due to inadequate examination.

The Veteran's low back disability was initially rated at 10% prior to August 7, 2020 and upgraded to 20% thereafter. The current rating of 20% is granted for the entire appeal period.

The Veteran's right knee and low back disabilities were rated at 20% each, but the Board found that neither condition warranted a higher rating. The case is being remanded for further review.,A TDIU was not granted as the combined disability rating did not meet the criteria.

The Veteran's claim for a higher rating for his service-connected degenerative arthritis of the lumbar spine is denied as there is no evidence of unfavorable ankylosis or incapacitating episodes with total duration of at least one week during the past 12 months.

The Board has withdrawn the appeal of the issue regarding entitlement to an initial compensable disability rating for bilateral hearing loss. The remaining issues have been remanded for additional development.

The Board has remanded the Veteran's claims of service connection for low back and right ankle disabilities due to a lack of VA examination records and the need for further medical evaluation.