Back / lumbar spine decisions — 2022

The Board has dismissed the Veteran's claims for service connection for depression, bilateral ankles, and arthritis of his entire body. The remaining issues have been remanded.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for a lumbar spine disorder and cervical spine disorder. The cases are remanded for further development, including obtaining medical records and scheduling a VA examination.

The Board has determined that additional development is needed to address outstanding treatment records and obtain private medical records. The Veteran's claims for TBI residuals, vertigo, low back disability, shoulder disabilities, and heart disorder are also remanded for further examination and opinion.

The Board has remanded the case due to insufficient discussion of the Veteran's lay statements and contentions regarding his back injury in August 2004.

The Veteran's claims for increased ratings are being remanded due to the need for additional development and examination.,The issues include evaluations for various disabilities, including lumbar strain with intervertebral disc syndrome, bilateral lower extremity radiculopathy, left tibia stress fracture, right femoral stress fracture, and dermatitis.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for bilateral pes planus, lumbar spine degenerative disc disease (DDD), right and left shin splints, or PTSD.

The Veteran's PTSD is granted an increased rating to 70%, and the cases for OSA, bilateral knee disability, and low back disability are remanded for further evaluation.

The Board has remanded the case for additional development, including obtaining medical records and providing new VA medical opinions regarding the Veteran's acquired psychiatric disorder, sinus or nose disability, bilateral foot disability, and back disability. The issues of service connection for these conditions are now pending.

The Veteran's service-connected disabilities prior to May 5, 2016 rendered him unable to secure and maintain substantially gainful employment.

The Board has granted service connection for cervical and lumbar spine disabilities, but remanded the claims for chronic sinusitis, an acquired psychiatric disorder (including PTSD), and sleep problems.

The Board denied the Veteran's claim for service connection for low back strain, finding that it was not incurred in or related to his military service and is not secondary to his service-connected hypertension.

The Veteran is granted an annual VA clothing allowance for the year 2018 due to use of a left knee brace. The Board found that service connection was in effect for a left knee disability during the 2018 calendar year and the Veteran's regular use of a left knee brace tended to wear out or tear his outer garments.,The Veteran is denied an annual VA clothing allowance for the year 2018 due to use of a back brace. The Board found that service connection was in effect for a back disability during the 2018 calendar year, but there was no evidence showing that the Veteran's Lumbar Sacral Orthosis (back brace) tended to wear out or tear his outer garments.

The Board has found the VA examinations inadequate for adjudication purposes and has ordered remand for further examination and medical opinions regarding the etiology of the Veteran's claimed bilateral knee and lower back conditions.

The Veteran's appeal for an initial compensable rating for hemorrhoids was denied.,For the period prior to June 18, 2015, the Veteran's degenerative disc disease of the thoracolumbar spine did not meet the criteria for a higher than 10% rating. From June 18, 2015 to August 27, 2020, he was granted a 20% rating. After that period, his condition did not warrant a rating greater than 20%. The Veteran also received separate ratings for radiculopathy of the right and left lower extremities.,The Veteran's knee disabilities were rated based on painful motion and instability.

The Veteran's claims for increased ratings and TDIU prior to June 3, 2021 are being remanded due to the need for additional examinations.

The Veteran's PTSD is rated at 70 percent, effective from May 1, 2020. The rating will remain in effect until further notice.

The Board has granted the Veteran's request to reopen his service connection claim for congenital cervical spinal canal stenosis, multilevel cervical spondylosis, degenerative disc disease (DDD), and facet arthropathy. The appeal is remanded due to the need for a VA examination to determine if these conditions are related to the Veteran's active duty service as a pilot.

The Board has remanded the claims for service connection for bilateral hearing loss, tinnitus, lumbar spine disorder, and radiculopathy of bilateral lower extremities due to new evidence submitted by the Veteran. The claims are being reviewed again as they may be related to service.

The Veteran's claims for increased ratings and TDIU are being remanded due to incomplete records, including physical therapy treatment records. The Veteran is also requested to provide a detailed employment history.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and associated left lower extremity radiculopathy were denied. The Board found that the evidence did not support a higher rating prior to December 24, 2013, or since then.