Back / lumbar spine decisions — 2022

The Board has remanded the Veteran's claims for increased ratings for a low back disorder and a neck disorder, as well as his claim for total disability individual unemployability (TDIU).

The Board has determined that the Veteran's January 13, 2017 VA Form 9 was timely filed and reinstated the appeal of his service connection claims for degenerative disc disease of the lumbar spine and bilateral knee arthritis.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board has denied the Veteran's claims for service connection for back, right knee, and left knee disabilities due to lack of evidence linking these conditions to her active military service.

The Veteran's lumbar condition is granted service connection as it is at least in equipoise that the disability was incurred during his military service. Service connection for an acquired psychiatric disorder, to include PTSD and depression, is denied.

The Board has remanded the case for further development, including obtaining a supplemental medical opinion addressing the severity of the Veteran's lower extremity radiculopathy and potential secondary service connection for erectile dysfunction and constipation.

The Board denied service connection for a back condition, including degenerative arthritis, DDD, spinal fusion, spinal stenosis, scoliosis, and residuals from post-spinal fusion, finding that the evidence did not support a link to service or service-connected conditions.

The Veteran's cervical spine, right shoulder, left shoulder, and lumbar spine disabilities have been denied as not incurred in or related to service.,Service connection for asthma and a respiratory disability other than asthma is remanded due to potential exposure to particulate matter during service.

The Board has decided to remand four issues related to the Veteran's back disability, migraine headaches, left knee disability, and right knee disability due to outstanding VA treatment records.

The Board has remanded the Veteran's claims of increased ratings for bilateral sensorineural hearing loss and service connection for a lower back disability due to additional development.

The Board has granted service connection for a lower back disability but has remanded the claims for right and left ankle conditions due to incomplete service treatment records.

The Veteran's claim for restoration of a 40 percent rating for degenerative arthritis of the thoracolumbar spine, status-post fusion is granted. The issue of entitlement to a rating in excess of 40 percent for this condition is remanded.

The Veteran's claims for increased evaluations for his cervical spine disability and radiculopathy of the upper extremities were denied. The Veteran's degenerative disc disease of the cervical spine was rated at 10 percent prior to June 28, 2012, and higher than 20 percent thereafter.

The Board has determined that the Veteran's tinnitus had its onset in service and is granted. The issues of service connection for hearing loss, left knee disability, and a rating in excess of 10 percent for low back disability are remanded due to new evidence or further examination being necessary.

The Veteran's back disability is rated at 40 percent prior to February 17, 2020 and denied throughout the appeal. The left ankle disability is rated at 20 percent prior to February 17, 2020 and denied throughout the appeal. Service connection for right shoulder tendonitis and tinnitus are granted.

The Veteran's claim for higher ratings for his lumbar spine disability and lower extremity radiculopathy is being remanded due to the need for a new VA examination.

The Veteran's claims for service connection for left hip arthritis, right hand arthritis, cervicalgia (DDD of the cervical spine), and bilateral upper extremity radiculopathy are being remanded due to additional development needed.,The Board is unable to make a determination on these issues without first confirming whether the Veteran had an additional period of active-duty service with the National Guard prior to January 2005.

The Veteran's appeals for reopening claims of service connection for bilateral elbow and shoulder disabilities were dismissed due to the Veteran's withdrawal.,New and material evidence was received for several conditions, including tinnitus, lumbar spine disability, right knee and left knee disabilities, right hip and left hip disabilities, right ankle and left ankle disabilities, residual burns of the right leg, and residuals of a right hand/finger disability. Service connection is granted for these conditions.

The Board has remanded several issues on appeal, including service connection claims for right knee strain and a neurological disorder of the left lower extremity (presumed to be radiculopathy), as well as eligibility for specially adapted housing and special home adaptation. The remaining issues are also being remanded due to inextricable ties with these claims.

The Board has granted service connection for tinnitus. The remaining issues of service connection for bilateral hearing loss, thoracolumbar spine disability, bilateral foot numbness, skin disability, and recurrent bronchitis are remanded due to the need for further development.