Back / lumbar spine decisions — 2022

The Veteran's skin, neck, back, right knee, and left knee disabilities were not found to be related to his active service.,There is no current evidence of a back disability or bilateral knee disability.

The Board has decided to remand the case due to incomplete records and an inadequate medical opinion. The AOJ is instructed to obtain SSA disability records, make another attempt to get the Veteran's SSA disability records, and provide a new VA examiner's opinion regarding the relationship between the low back disability and service.

The Board has remanded the case due to inadequacies identified in prior VA examination reports and a need for retrospective medical opinions. The Veteran's lumbar spine disability will be evaluated again, including with consideration of pain during use.

The Board has dismissed the appeals for increased ratings and earlier effective dates for PTSD, hearing loss, and tinnitus, as well as service connection for COPD and a low back disability. The appellant withdrew his appeals prior to the decision being made.

The Veteran's claims for service connection for low back disability and left knee disability have been remanded due to the need for an addendum medical opinion regarding whether his disabilities are secondary to his service-connected bilateral pes planus.

The Veteran's left leg disability is not related to service and did not manifest within one year of separation from service.,The Veteran's back disability is not related to service and did not manifest within one year of separation from service.

The Board has determined that the Veteran's current lumbar spine disability, including degenerative disc disease and radiculopathy, is at least as likely as not related to service. As a result, the claim for service connection is granted.

The Board has granted service connection for GERD as secondary to the Veteran's service-connected lumbar osteoarthritis and osteopenia, finding that the current GERD is proximately due to the medications used to treat his service-connected conditions.

The Board denied the Veteran's claim for a higher rating for his cervical spine DDD, finding that the evidence did not support a rating in excess of 20 percent.

The Board dismissed the matter of service connection for a left hamstring condition from this appeal stream due to an administrative error. The Veteran's back disability is granted with a 20% rating effective March 4, 2014, and no earlier.

The Veteran's claims for cervical spine degenerative disc disease, thoracolumbar spine degenerative disc disease, and right lower extremity sciatica have been dismissed as the Veteran has not appealed the effective date or rating assigned. The claim for thyroid cancer is remanded due to insufficient evidence.

The Board has remanded the issue of service connection for a low back disability with sciatica, including as secondary to service-connected bilateral foot disability due to inadequate opinions on causation and aggravation.

The Veteran's claim for a temporary total convalescent rating following his July 2015 surgery for degenerative disc disease of the lumbar spine is denied as there was no evidence showing at least one month of convalescence or severe post-operative residuals.

The Board has denied the Veteran's claims for service connection for lower back disorder, neck disorder, and nasal disorder due to a lack of evidence showing a causal relationship between these conditions and his military service.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) prior to March 20, 2021, finding that he was substantially gainfully employed and earning an annual income in excess of the poverty threshold.

The Veteran's claims for diabetes mellitus, hypertension, liver disease (to include hepatitis B), gastrointestinal disorder (to include IBS and/or Crohn's disease), low back disability, left knee disability, right ankle disability, kidney disease, heart disease, bilateral hearing loss, and tinnitus are denied as there is no evidence of in-service incurrence or aggravation.,The Veteran's claims for service connection for these conditions must be remanded to obtain VA examinations.

The Board has remanded the claims for further review due to insufficient reasons and bases provided in the September 2022 Supplemental Statement of the Case (SSOC). The Veteran's attorney argues that the SSOC did not provide adequate discussion of the relevant evidence, allowing the Veteran an opportunity to present arguments before the Board.

The Board has granted service connection for obstructive sleep apnea as secondary to PTSD. The cases of lumbar spine disability and left knee disability are remanded.

The Veteran's service-connected unspecified bipolar disorder is granted as secondary to his service-connected lumbar spine and bilateral knee conditions. The Veteran's claim for a higher rating for degenerative arthritis of the lumbar spine prior to August 13, 2019 remains denied.

The Veteran's appeal as to the claims of service connection for right wrist disorder, left wrist disorder, right hip disorder, and left hip disorder is dismissed.,The Veteran's appeals as to the claim of service connection for PTSD with major depressive disorder, Raynaud's disease prior to September 21, 2016, Raynaud's disease from September 21, 2016, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, and left knee disability are remanded for further development.