Back / lumbar spine decisions — 2022

The Veteran's claim for a higher rating for his back disability was denied as the evidence did not show at least four weeks of incapacitating episodes during any 12-month period, and his symptoms were not severe enough to warrant a higher rating.

The Board has remanded the claims for service connection for PTSD, rating higher than 20 percent for degenerative joint disease of the lumbar spine with disc herniation at L5/S prior to May 16, 2016, and entitlement to a TDIU prior to May 16, 2016. The claims are also remanded due to requests for the curriculum vitae of examiners who conducted recent VA examinations.

The Veteran's hypertension is granted as service connection due to presumed exposure to herbicide agents during service.,Service connection for degenerative arthritis of the thoracolumbar spine is denied because there is no in-service injury or disease and no evidence of continuity of symptomatology after separation from service.,Service connection for bilateral tinea pedis is granted as the Veteran's current condition can be linked to his active-duty service.

The Veteran's appeals for TDIU, a compensable rating for right lower extremity radiculopathy, and a higher rating for degenerative disc disease were dismissed due to the Veteran's death. The Board has no jurisdiction over these claims as there is no surviving appellant.

The Board has reopened the claims for service connection for a lumbar spine disability, foot disability (to include pes planus), and allergic rhinitis with bronchitis. The claim for service connection for skin disability (dermatitis of the hands) is also remanded.

The Board has reopened the Veteran's claim of service connection for a neck disability due to new evidence received since the last denial. The case is remanded for further development and an examination.

The Board has remanded several issues related to service connection for various conditions, including a low back disability and gastrointestinal, diverticulitis, hemorrhoids, and nerve pain of the bilateral lower extremities. The Veteran's current disabilities are being evaluated based on their relationship to documented in-service complaints and potential exposure.

The Board has remanded the case due to unresolved medical questions regarding the Veteran's back disability, including whether it is related to service and if any additional diagnoses are present.

The Board has remanded the case due to insufficient reasoning in the previous VA examination regarding the Veteran's claims of lumbar strain, including whether it is related to service-connected pes planus and whether it was aggravated by that condition.

The Board has remanded the case due to incomplete National Guard service records, and a new VA medical opinion is needed to determine if any diagnosed back disorder developed during active duty or is related to in-service injury.

The Veteran's claim for a higher rating in excess of 40 percent for spondylosis and DDD of the lumbar spine was denied.,A compensable rating prior to October 28, 2019, for the award of service connection for a lumbar spine scar associated with DDD of the lumbar spine was denied.,An effective date prior to February 5, 2015, for the award of service connection for a lumbar spine scar associated with DDD of the lumbar spine was denied.,Effective from February 24, 2014, but no earlier, the Veteran received an increased rating for his lumbar radiculopathy of the left lower extremity and right lower extremity.,An effective date prior to August 21, 2017, for a 20 percent rating for spondylosis and DDD of the cervical spine was denied.,From May 1, 2015, but no earlier, the Veteran received entitlement to a total disability rating based on individual unemployability (TDIU) and educational assistance benefits under Chapter 35.

The Board has remanded the Veteran's claims for service connection for right knee, left knee, and lumbar spine disabilities due to lack of medical evidence supporting his assertions.

The Veteran's back disability has been rated at 10 percent since April 2017. The Board found that a rating in excess of 10 percent is not warranted throughout the period on appeal.

The Veteran's appeal involves two issues: a request for a higher rating for his back disability and seeking an earlier effective date for the current 20 percent rating. The Board has determined that these claims are inextricably intertwined and have been remanded to obtain additional medical records, develop secondary service connection claims, and schedule the Veteran for a VA examination.

The Board has granted service connection for a neck disability and a back disability, finding that the Veteran's current disabilities are related to her military service.

The Veteran's neurogenic bowel is granted as secondary to his service-connected lumbar spine disability. The issue of a higher rating for the lumbar spine disability remains pending and requires further examination.

The Veteran's appeals for increased ratings on several service-connected conditions are being remanded due to outdated examination reports and the need for additional evaluations. The issues include residuals of a right 5th metacarpal fracture, cervical strain, lumbar strain, traumatic brain injury (TBI), tinnitus, and posttraumatic stress disorder (PTSD).

The Board denied service connection for a lumbosacral spine disability, finding that the Veteran's current diagnosis of lumbar strain is not related to an in-service injury or disease.,The Board also denied service connection for a right shoulder disability, concluding that the Veteran's current condition was not incurred during service.

The Veteran's claims for increased ratings and TDIU are being remanded due to the AOJ failing to address specific VA examination reports in their September 2021 Statement of the Case.

The Veteran's service-connected back and knee disabilities are being remanded for further evaluation as the claims file does not contain updated VA treatment records or a recent SSOC addressing this evidence. Additionally, another attempt to contact the Veteran for VA examinations is necessary.