Back / lumbar spine decisions — 2022

The Board denied service connection for degenerative arthritis of the lumbar spine and granted service connection for tinnitus. The Board found insufficient evidence to establish a nexus between the Veteran's current degenerative arthritis and his period of service, but determined that there was at least equipoise in favor of finding a relationship between the Veteran's tinnitus and his military service.

The appeal is dismissed for the increased rating claims of right knee osteoarthritis, migraine headaches, status post fracture of the right ankle, cervical spine degenerative disc disease, lumbar spine osteoarthritis, right foot radiculopathy, and carpal tunnel syndrome. The appeals are remanded for further action on the remaining issues.

The Board has remanded the cases for additional examinations and evaluations to address the severity of the Veteran's lumbar spine disability from September 1, 2007 to December 16, 2019, and the presence of radiculopathy. Additionally, a new examination is necessary for the left knee patellofemoral syndrome case.

The Board has remanded the Veteran's claims for increased ratings due to new evidence received since the last decision, including VA examination reports and argument from the Veteran's representative. The Veteran is seeking an increased rating for his service-connected degenerative disc disease L4-5, L5-S1, radiculopathy, left lower extremity (previously diagnosed as sciatic nerve), and hammertoe right foot.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for radiculopathy of the lower extremities and degenerative arthritis with scoliosis of the thoracolumbar spine. The Veteran is also being asked to provide additional evidence or releases for any outstanding VA records.

The Veteran's appeal is being remanded for additional development due to the need for updated VA examinations and consideration of new evidence.

The Board has remanded the Veteran's increased rating claim for further evidentiary development, including obtaining a retrospective opinion from a lumbar spine specialist regarding additional functional loss from pain and flare-ups.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for various disabilities, including lumbar spine disability, left and right sciatic neuropathy, right shoulder disability, right knee limitation of motion, left knee limitation of motion, and left knee instability. The case is being returned to the RO for further development.

The Board has determined that the VA examinations conducted do not comply with the January 2022 remand instructions and additional development is needed for both back disability and right hand disability claims.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's low back disability is related to his military service. The VA examiner needs to provide a more definitive opinion based on the July 2022 Board remand directives.

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment as of April 26, 2022. The Board granted a TDIU from that date.

The Board has remanded the cases for additional development due to an undeliverable communication. The Veteran's attorney will be provided a copy of the Supplemental Statement of the Case at his current address.

The Board has remanded the cases for further development and consideration.

The Veteran's hypothyroidism is presumed to be related to service in Vietnam. Service connection for lumbar and thoracic spine disabilities, obstructive sleep apnea, psoriasis, right lower extremity neuropathy, and left lower extremity neuropathy are remanded due to the need for additional medical examination.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain substantially gainful employment prior to February 29, 2012.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation, thus his claim for total disability rating based on individual unemployability (TDIU) is denied.

The Board has remanded the case due to the need for additional development, including obtaining updated VA audiometric records.

The Board has remanded the claim for a rating in excess of 10 percent prior to May 31, 2013 and 20 percent thereafter for degenerative disc disease of the thoracolumbar spine due to lack of substantial compliance with previous remand directives.

The Board has remanded the Veteran's claims for service connection for lumbar spine disability, sinusitis and/or rhinitis, and ear infections due to potential secondary service connection and exposure to burn pits. The case is also remanded to obtain additional evidence and verify the Veteran's service in Saudi Arabia.

The Board has decided to remand the Veteran's claims for further development due to insufficient medical opinions provided in previous examinations.