Back / lumbar spine decisions — 2022

The Board has granted the Veteran's appeal as his timely filed VA Form 9 was received, and the presumption of regularity in mailing the Statement of the Case (SOC) to his attorney has been rebutted.

The Board has granted service connection for obstructive sleep apnea, a right shoulder disability, and a lumbar disability, finding that the Veteran's conditions are at least as likely as not incurred during his active military service.

The Veteran's appeals for various disabilities and benefits have been dismissed due to the withdrawal of his appeal by his representative.

The Veteran's bilateral hearing loss is granted service connection. The Board has remanded the issues of service connection for a back condition and a right shoulder condition due to lack of medical evidence.

The Board has granted service connection for a low back disability but has remanded the claim of chronic fatigue syndrome, undiagnosed illness or medically unexplained chronic multisymptom illness (claimed as due to exposure to environmental hazards during the Gulf War).

The Veteran's petition to reopen his previously denied claim for service connection for a left knee disability was granted. However, the claims for service connection for back disabilities are remanded due to insufficient evidence addressing the theories of causation and aggravation.

The Board has granted service connection for lumbar spondylosis, finding that the Veteran's current condition began in service and is related to his military service.

The Board has remanded the cases for further development, including obtaining updated VA treatment records and scheduling a new examination for the Veteran's lumbosacral spine. The TDIU claim is also being remanded as it may be affected by the outcome of the spine rating appeal.

The Board denied the Veteran's claims for service connection for neurocognitive short term memory loss and a back condition, finding that there was no evidence of such conditions during or related to military service. The claim for a compensable rating for residuals of right little finger fracture was also denied.

The Board has dismissed the Veteran's appeal for a bilateral eye disability due to her withdrawal of the appeal. The remaining issues on appeal are remanded for further development and examination.

The Board has remanded the Veteran's claims of entitlement to compensation benefits pursuant to the provisions of 38 U.S.C. § 1151 for back disability, left lower extremity (LLE) peripheral neuropathy, and right lower extremity (RLE) peripheral neuropathy due to inadequate medical opinions.

The Board has remanded the Veteran's claims due to insufficient medical opinions and inextricably intertwined issues. The Veteran is seeking service connection for various knee and wrist disabilities, which are currently under review.

The Board has determined that the Veteran's claims for service connection and increased rating for his neck and back disabilities require additional development due to outstanding records and need for updated medical opinions.

The Board has decided to remand the Veteran's claims for service connection and rating determinations due to the submission of additional VA treatment records that were not previously considered.

The Board has dismissed all appeals, including the request for an increased rating for major depressive disorder with PTSD, service connection for obstructive sleep apnea, reopening of a previously denied claim for lumbar strain, TDIU prior to December 10, 2016, and increased ratings for cervical and right ankle strains. The Veteran's authorized representative requested withdrawal of the appeal.

The Veteran has withdrawn all his appeals regarding the disability ratings and service connection for various conditions. The Board dismissed these claims as per the appellant's request.

The Board has decided that additional development is needed to determine the etiology of the Veteran's claimed disabilities, including left ankle, right knee, right hip, back, left knee, and left hip disabilities. The case is being remanded for further examination and opinion.

The Board has remanded the case due to non-compliance with previous remands and the need for additional development, including determining whether the Veteran served on ACDUTRA from June 25, 1996 to June 27, 1996. The case is also remanded for an addendum VA medical opinion regarding the etiology of the Veteran's lumbar spine condition(s).

The Board has remanded the case for additional development and adjudication due to issues related to the Veteran's service-connected lumbar spine disability, including whether there is additional functional impairment on repeated use or during flare-ups prior to January 22, 2016.

The Veteran's claim for service connection for COPD was denied due to lack of evidence linking the condition to his military service or a service-connected disability. The claim for TDIU was granted, and the issue of rating in excess of 60 percent for asbestosis is remanded.