Back / lumbar spine decisions — 2022

The Board has decided to remand the claims of service connection for a back disability, sleep apnea (secondary to service-connected bronchitis), bilateral hearing loss, and bronchitis. The Veteran's records from CHRISTUS Mother Frances in Tyler, Texas need to be obtained. An examination is needed for all issues.

The Veteran's claim for a rating in excess of 10 percent for bilateral recurrent tinnitus was denied. The Board found that the Veteran's reported difficulty with concentrating is contemplated by the schedular criteria.,Service connection for low back condition, left hip condition, and right hip condition were all denied as there is no persuasive weight of evidence showing these conditions began during active service or are related to an in-service injury or disease.

The Board has remanded the case due to the need for additional development regarding whether the Veteran's service-connected right knee, right elbow, and low back disabilities caused or aggravated his obesity, which in turn may have contributed to his obstructive sleep apnea (OSA).

The Board has decided to remand the case due to insufficient evaluation of the Veteran's low back disability, including lack of range of motion measurements in weight bearing and non-weight bearing conditions.

The Board denied service connection for a left knee disability and granted an increased rating of 20 percent, but no higher, for the Veteran's lumbar spine disability.

The Board denied service connection for a low back disability and radiculopathy of the left lower extremity, finding that the Veteran's preexisting low back disability did not worsen during his military service.,The Board also denied entitlement to TDIU due to the lack of evidence showing the Veteran was unemployable due to his service-connected disabilities.

The Veteran's service connection claims for degenerative disc disease of the lumbar and cervical spine have been granted.,Secondary service connection has also been granted for an adjustment disorder with chronic pain syndrome, as secondary to his service-connected lumbar spine disability.

The Veteran was granted TDIU from April 16, 2013 to December 31, 2014.,TDIU was denied for the period January 1, 2015 to August 7, 2015 due to substantially gainful income.

The Board has remanded the case for further development, including obtaining updated VA and/or private treatment records, scheduling a VA medical examination to determine the current severity of lumbar spine strain and radiculopathy of the lower extremities, and providing retrospective opinions on when radiculopathy manifested.

The Veteran's claims for service connection and increased rating have been remanded due to the need for additional examinations, treatment records review, and consideration of new evidence.

The Board has remanded the case due to procedural issues and the need for additional VA examination.

The Veteran's appeal is remanded for a new examination to assess the severity of his service-connected low back strain, including any associated degenerative disc disease or arthritis. Additionally, a TDIU claim prior to July 27, 2019, will be remanded due to inconsistencies in the record and need for further development.

The Board has dismissed the appeals for increased ratings and earlier effective dates related to scar of the right lumbar region, radiculopathy of the left lower extremity (sciatic nerve), radiculopathy of the left lower extremity (femoral nerve), and IVDS as the Veteran's authorized representative requested withdrawal of all issues in October 2022.

The Veteran's claim for a higher rating for his DDD/degenerative arthrosis of the lumbar spine was denied as his range of motion did not meet the criteria for a greater than 20 percent rating.

The Veteran's appeals for increased ratings for her lumbar spine, left hip, and right hip disabilities have been remanded due to the need for additional development.

The Board has remanded the claims for service connection due to notification issues and because of evidence indicating a worsening of the disorders since previous examinations conducted several years ago.

The Board denied the Veteran's claim for service connection for joint pain, finding that his symptoms were not related to his military service and attributing them to diagnosed conditions.

The Board has granted service connection for hypertension under the PACT Act, but remanded other claims due to incomplete development and need for additional medical opinions.

The Board has granted service connection for a right knee disability and denied service connection for left knee, lumbar spine, migraine headaches, and sleeplessness disabilities. The decision is based on the Veteran's in-service complaints and current symptoms.

The Veteran's claim for service connection for degenerative arthritis of the lumbar spine is denied as there is insufficient evidence to establish a nexus between his current condition and his period of service. The claim for service connection for tinnitus is granted due to in equipoise evidence supporting its relationship with service.