Back / lumbar spine decisions — 2022

The Veteran's claims for increased ratings and service connection are remanded due to inadequate examinations, worsening of symptoms since the last examination, and need for additional medical opinions regarding right lower extremity radiculopathy.

The Board has denied service connection for a lumbosacral spine disability and remanded the issues of entitlement to service connection for a torn deltoid muscle of the left arm, to include as secondary to service-connected left humerus injury, and entitlement to a total disability rating based on individual unemployability prior to June 16, 2008.

The Veteran's claim of service connection for a back disability has been reopened, and the Board finds that his current back disability is related to his military service. The evidence shows that he had pre-existing back issues since childhood but did not have any chronic symptoms until service. During service, he was diagnosed with muscle strain and treated accordingly. Post-service MRI showed mild degenerative arthritis at L3-4 and L5. The Board found the Veteran's statements regarding continuity of symptomatology credible.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional examinations and evaluations of her back, knee, and shoulder conditions.

The Board has determined that further development is necessary before the Veteran's claims for increased ratings can be adjudicated. The case must be remanded to obtain VA treatment records, SSA records, and a new VA examination to assess the severity of the Veteran's service-connected lumbar spine disability and associated nerve disorders.

The Veteran's claim for a rating in excess of 40 percent for intervertebral disc syndrome (IVDS) as of August 29, 2019, was denied. The case is remanded due to the need to determine if total disability rating based on individual unemployability due to service-connected disabilities (TDIU), prior to August 29, 2019, should be granted.,The Veteran's claim for TDIU prior to August 29, 2019, is remanded and referred to the Director of Compensation Service.

The Board has granted service connection for the Veteran's neck disability, including as secondary to his service-connected adjustment disorder. The Board found that the Veteran's current neck disability is at least as likely as not incurred in or caused by his active-duty service.

The Board has remanded the Veteran's claims for service connection due to inadequate examination reports and failure to address relevant lay evidence. The claims are being returned for further development.

The Board has remanded the claims for hypertension, neck disability, back disability, residuals of rib fractures, erectile dysfunction, and kidney disease due to additional evidentiary development.

The Board has remanded the Veteran's claims of service connection for various conditions, including hypertension, testicular hypofunction, neck disability, cervical radiculopathy, esophageal disability, back disability, bronchitis, emphysema, and COPD. The issues are related to whether these conditions were caused or aggravated by his time in service.

The Veteran's claims for service connection and increased evaluations are being remanded due to the submission of new evidence. The RO must evaluate these claims again, including the new evidence, and issue a supplemental statement of the case.

The Veteran's lumbar strain is rated at 40 percent, the maximum rating available under VA guidelines. The appeal for a higher rating has been denied.

The Board has granted service connection for a low back disability. The issues of entitlement to TDIU and service connection for the cause of the Veteran's death are remanded.

The Board has remanded the claims for a low back disability, left and right lower extremity radiculopathy, and TDIU due to insufficient evidence in the May 2021 VA examination report. The Veteran's low back disability is being reviewed again to determine if functional ankylosis exists.

The Veteran's COPD is currently rated as 10 percent disabling, but the evidence does not meet the criteria for a higher rating.,The Board found that the Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment.

The Veteran's claim for service connection of a low back disability is granted, and his claim for TDIU is remanded.

The Veteran's claims for service connection for TBI, high blood pressure, and headaches have been remanded. The effective dates for the grant of service connection for tinnitus and unspecified anxiety disorder (claimed as PTSD and mental conditions) are denied due to lack of prior unadjudicated claims. The effective date for hearing loss is denied as it was received within one year after separation from service.

The Veteran's back disability, characterized as thoracic sprain with lumbar degenerative disc disease, has resulted in no less than 45 degrees of forward flexion without evidence of ankylosis or fixation. The Board denied a higher rating due to the lack of limitation of motion and absence of ankylosis.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and lower extremity peripheral neuropathy associated with the lumbar spine due to incomplete records and need for further examination.

The Veteran's lumbosacral spine disability is rated at 20 percent, and his right knee osteoarthritis with limitation of extension is rated at 30 percent. Both ratings are denied.