Back / lumbar spine decisions — 2022

The claims for service connection for a back condition and sleep apnea as secondary to PTSD are being remanded due to inadequate opinions on the part of the VA examiners.

The Veteran's service-connected disabilities did not render him unable to obtain and maintain substantially gainful employment prior to June 14, 2019.

The Board has remanded the cases for additional medical opinions to clarify whether the Veteran's left knee disability and lumbar spine DDD with functional ankylosis during flare-ups warrant increased ratings.

The Veteran's TDIU claim was granted from February 7, 2014, as he had a combined rating of 60% for his service-connected disabilities. The decision acknowledges that the Veteran is unable to secure or follow substantially gainful employment due to his service-connected low back disability and associated radiculopathy.

The Board has decided to remand the cases due to incomplete documentation of the Veteran's Navy Reserve service dates and personnel records. The Veteran will need to provide a list of all-inclusive dates for ADT and IDT, as well as obtain their service treatment and personnel records from the Department of the Navy.

The Veteran's representative withdrew the claim for service connection of a low back disability, leading to its dismissal.

The Board has granted service connection for the Veteran's right shoulder, left shoulder, and low back disabilities as secondary to his service-connected right knee disability.

The Veteran's lumbar spine disability and cervical spine disability have been remanded for additional action due to the complexity of her claims.

The Board denied the Veteran's claim for service connection for a thoracolumbar spine disorder, finding that his current disability is not related to his military service.

The Board has denied the Veteran's claims for service connection for back strain with pain and gastroesophageal reflux disease (GERD)/ Barrett's esophagus, finding that there is no evidence of a nexus between these conditions and his military service.

The Veteran's thoracolumbar strain disability is remanded for a new VA examination to assess the current severity of her condition.

The Board denied the Veteran's claims for service connection for a lumbar spine disability and psychiatric disorder, finding that there was no evidence of an in-service injury or disease related to these conditions.,The Veteran did not have a current diagnosis of PTSD as per VA regulations and criteria.

The Board has determined that the Veteran's low back condition, including facet arthritis with lumbar strain, DDD, anterior subluxation, herniated nucleus pulposus and scars (low back), is related to his military service. As a result, the claim for service connection is granted.

The Board denied the Veteran's claims for service connection for a low back disability and a heart disability. The Board also denied increased ratings for his left thumb, right ring finger fracture, nose fracture, and GSW residuals.,The Veteran's claim for TDIU was remanded.

The Board has decided to remand the case due to inconsistencies in a previous VA opinion and insufficient consideration of direct service connection. The Veteran's back condition will need further examination and an addendum opinion.

The petition to reopen the claim of service connection for a back disorder is granted. The Board has remanded both the back disorder and bilateral foot disorders claims due to inadequate medical opinions.

The Board has granted the Veteran's claim for a total disability rating based on individual unemployability (TDIU) effective January 25, 2021. The decision finds that her service-connected disabilities render her unable to secure or maintain substantially gainful employment since this date.

The Veteran's appeals for increased ratings and effective dates have been withdrawn, resulting in the dismissal of all claims.

The Veteran's service-connected lumbosacral spine disability is now rated at 40 percent effective November 2, 2021. The rating was granted because the VA examination showed that the Veteran only had 5 degrees of forward flexion in his lumbosacral spine and experienced intervertebral disc syndrome lasting between 1 to 2 weeks in the previous 12 months.

The Board has remanded the case due to an inadequate statement of reasons or bases for its implicit finding of substantial compliance with prior remand instructions. The matter is being returned for further development and consideration.