Back / lumbar spine decisions — 2022

The Board has decided to remand the cases for further development due to non-compliance with previous directives. The Veteran's claims for thoracolumbar and cervical spine conditions are still under review.

The Veteran's bilateral foot disorder, cervical spine degenerative disc disease, lumbar spine degenerative disc disease, right knee chondromalacia, left knee chondromalacia (status post surgery), right ankle degenerative changes (post-fracture), right shoulder degenerative changes, and left shoulder status post resection of the left distal clavicle are all granted. Headaches and sinusitis also received initial rating grants.

The Board has determined that the Veteran's sleep apnea is aggravated by his service-connected back disability, and thus grants service connection for this aggravation.

The Veteran's claim for a higher rating for degenerative disc disease and arthritis of the lumbar spine was denied, with an initial 10% rating granted from August 23, 2013 to October 6, 2021, and then increased to 40% effective October 6, 2021.

The Board has remanded the Veteran's claims for additional development due to inadequate VA examinations and missing private treatment records.

Additional evidence is needed to determine the Veteran's service connection claim for tinnitus. The Board requires that federal records and private treatment records be obtained.,The Veteran's acquired psychiatric disorder (including an eating disorder leading to obesity) may require a VA examination due to his reported sleep habits in service, but more information is needed from the medical records.,Insomnia needs further evaluation as there are no current VA examinations addressing this issue. The Board requires that private treatment records be obtained and a VA examination conducted.,The Veteran's chronic fatigue syndrome (CFS) may require a VA examination to determine if it is related to service, including his reported symptoms in service. More information from the medical records is needed.,A bilateral ankle disability needs further evaluation as there are no current VA examinations addressing this issue. The Board requires that private treatment records be obtained and a VA examination conducted.,The Veteran's low back disability may require a VA examination to determine if it is related to service, including his reported injury in service. More information from the medical records is needed.,Sciatica needs further evaluation as there are no current VA examinations addressing this issue. The Board requires that private treatment records be obtained and a VA examination conducted.,The Veteran's headache disability (including migraines) may require a VA examination to determine if it is related to service, including his reported symptoms in service. More information from the medical records is needed.,Residuals of traumatic brain injury (TBI) needs further evaluation as there are no current VA examinations addressing this issue. The Board requires that private treatment records be obtained and a VA examination conducted.

The Board has remanded the case due to inadequate VA examinations and issues related to the Veteran's service-connected lumbar spine disability, including its rating.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's lower back condition. The case will be returned for further development and a new opinion from VA.

The Board denied the Veteran's claims for service connection for a back disability and TDIU, finding that there was no causal relationship between his current back condition and service. The evidence did not show a compensable degree of DDD within one year of separation from service or continuous symptoms since service.

The Veteran's lumbar spine disability resulted in muscle spasm severe enough to cause abnormal gait, but flexion was greater than 30 degrees. The Board granted a 20 percent rating for mechanical back syndrome.

The Veteran's claim for residuals of low back injury has been dismissed as the benefit was granted.,The Veteran's claim to reopen his right hip injury has been granted, but further examination and opinion are needed before a final decision can be made.

The Board denied the Veteran's claim for total disability based on individual unemployability (TDIU) due to his service-connected disabilities, finding that he is capable of performing substantially gainful employment despite some limitations from his back and shoulder conditions.

The Board has remanded the Veteran's claims for service connection for neck, back, and arthritis disabilities due to a lack of compliance with prior remand instructions regarding secondary service connection.

The Veteran's TDIU rating is granted from September 11, 2004, to May 17, 2012, due to his service-connected disabilities preventing him from obtaining or maintaining substantially gainful employment.

The Board has remanded the cases for further development to obtain adequate medical opinions addressing theories of direct and secondary service connection.

The Board has granted service connection for the Veteran's low back disability, finding that it is at least as likely as not related to his active-duty service.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete development of his records, including VA treatment records from Puget Sound Health Care System, private chiropractor Dr. Vranna's records, federal employee disability retirement benefits application status, and Social Security Administration disability benefits application status.

The Veteran's claims for service connection for a low back disability, headaches, left knee disability, right knee disability, and left wrist disability have been reopened. The effective date of the increased rating for right foot hallux valgus with hallux rigidus is set at May 15, 2015.

The appeals for service connection of hepatitis C, obstructive sleep apnea, headaches, and a rating greater than 10 percent for tinnitus have been dismissed.,The appeal for service connection of an acquired psychiatric disorder has been granted.

The Veteran's service connection claims for various conditions, including back condition, left heel injury, vertigo, sleep apnea, dyslipidemia, erectile dysfunction, prostatic hypertrophy, basal cell carcinoma, and Parkinson's (also claimed as essential tremors), have been denied. The Board found no evidence linking these conditions to his military service.