Back / lumbar spine decisions — 2022

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation (SMC) based on aid and attendance/housebound status due to her ability to perform many activities of daily living with assistance when needed.

The Veteran's service-connected disabilities, including chronic sinusitis, psychiatric disability, low back disability, right knee disability, and tinnitus, do not render him incapable of securing or following substantially gainful employment prior to July 3, 2017. The Board found that the evidence does not support an exceptional situation preventing gainful employment due to his service-connected conditions.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development of his vocational rehabilitation records.

The Veteran's appeal for an initial disability rating in excess of 10 percent for tinnitus has been denied as the maximum schedular rating is already assigned.,Service connection for a right knee disability and left knee disability remains remanded due to insufficient medical opinions regarding their etiology.,Service connection for degenerative disc disease (DDD) of the cervical spine remains remanded due to an inadequate examination report.,The Veteran's esophagus disability, including Barrett's esophagus and GERD, is presumed based on his exposure to herbicide agents while stationed at Nakhon Phanom RTAFB in Thailand.,Service connection for the esophagus disability remains remanded due to insufficient medical opinions regarding its etiology.

The Board has remanded the claims for service connection due to outstanding VA treatment records and a need for an addendum opinion regarding the etiology of the Veteran's low back disability. The issues are inextricably intertwined with the low back disability claim.

The Board has granted service connection for thoracolumbar and cervical spine disabilities, finding that the Veteran's current conditions are related to his military service.

The Board found no clear and unmistakable error in the February 1969 rating decision that denied service connection for a back disorder, as the evidence did not show an undebatable error in finding a current diagnosis had not been established at the time of the decision.

The Board has remanded the case due to new evidence submitted by the Veteran and because of the Court's acknowledgment of his physical and mental impairments. The claim will be referred for extraschedular TDIU consideration prior to January 31, 2019.

The Board has remanded the case due to a duty to assist error and for another VA examination.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and opinions. The issues include PTSD, left shoulder disorder, left knee disorder, back disorder, and cervical spine disorder.

The Veteran's claim for service connection for an acquired psychiatric disorder is granted. The Board finds that the evidence is at least in equipoise and resolves all reasonable doubt in favor of the Veteran, finding that his acquired psychiatric disorder is related to service. Service connection is also granted for a bilateral foot condition and a back condition.

The Veteran's back condition on December 6, 2016, was of such a nature that delay in seeking immediate medical attention would have been hazardous to life or health. The closest VA facility was too far away and an attempt to use one beforehand would not have been reasonable.

The Board has granted service connection for the Veteran's back disability, neck disability, and right leg disability (including right lower extremity radiculopathy), finding that there is an approximate balance of positive and negative evidence regarding the merits of these claims.

The Veteran's lumbar and cervical spine disabilities, bilateral lower extremity radiculopathy, left upper and right upper extremity peripheral neuropathies, as well as his left and right knee disabilities have been granted initial ratings. The TDIU has also been granted.

The Board has granted service connection for right and left knee patellofemoral pain syndrome, cervical spine degenerative disc disease (DDD), C5-6, lumbosacral strain, and obstructive sleep apnea (OSA).,Service connection is established for these conditions based on the evidence showing a relationship to service.

The Board has remanded the cases due to insufficient medical opinions and consideration of new evidence.

The Board has granted service connection for degenerative disc disease of the thoracolumbar spine, but has remanded the issues regarding left and right shoulder conditions due to insufficient rationale in the medical opinions.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional record development, including obtaining private treatment records from Auxilio Mutuo hospital and VA treatment records from May 2020 to December 2020.

The Board has remanded the cases due to insufficient evidence and need for further examination.

The Board denied service connection for a low back disorder in September 2015 and an ankle disorder in September 2008. The Veteran's claims were not reopened.,For the low back, new evidence did not relate to Shedden element (3), the relationship between current symptoms and service.