Back / lumbar spine decisions — 2022

The Board has dismissed all claims of service connection due to the Veteran's death.

The Board has remanded the claims for service connection for right shoulder disorder, left shoulder disorder, neck disorder, and back disorder as secondary to service-connected endolymphatic hydrops due to insufficient development of records and failure to address the theory of aggravation.

The Board has found that service connection for a right eye condition, including retinal detachment and cataract resulting from surgical treatment, is not established. The Veteran's PTSD claim was remanded due to insufficient evidence linking the diagnosis to an in-service stressor.

The Board has determined that additional development is needed for the issues of increased ratings for bilateral lower extremity radiculopathy and service connection for right wrist and left wrist carpal tunnel syndrome, as well as secondary service connection for a right shoulder disability. The Veteran's claims are being remanded to allow for further examination and consideration.

The Veteran's service-connected degenerative arthritis of the thoracolumbar spine is being remanded for a new VA examination to assess its current severity. The TDIU claim is also being remanded due to its inextricability with the rating claims.

The Veteran's lumbar spine disability was granted an initial rating of 20 percent prior to April 22, 2014. The condition is characterized by moderate limitation of motion.

The Veteran's claims for service connection and increased ratings have been dismissed due to the Veteran withdrawing his appeals. The Board has also remanded several issues for further examination.

The Board has determined that the Veteran's currently diagnosed neck, back, and right arm disorders are not related to service. The VA medical opinions found no nexus between these conditions and his military service.

The Board has remanded the Veteran's claims for further development and examination, including for VA shoulder and cervical spine evaluations. The Veteran's right ear hearing loss claim is denied as there is no current diagnosis of a right ear hearing loss disability. His left elbow disability claim is also remanded.

The Board has decided to remand the Veteran's claim for service connection of a lumbar spine disability, as it was not addressed in the previous VA examination and there are insufficient reasons provided by the examiner.

The Veteran's right knee osteoarthritis is directly related to service, and his low back disorder is presumed due to chronicity and continuity of symptoms since service.

The Board has remanded the cases for further development and consideration, including obtaining updated VA treatment records and providing a VA examination to determine the current diagnoses and etiology of the Veteran's claimed heart disorder and lung disorders (claimed as chest infections, to include pneumonia and bronchitis).

The Board has decided to remand the case due to inadequate VA examinations and failure to comply with Correia v. McDonald, 28 Vet. App. 158 (2016), and Sharp v. Shulkin, 29 Vet. App. 26 (2017).

The Board has remanded the claim for a VA examination to determine if the Veteran's current lumbar spine disability is related to service. The examiner will assess whether it is at least as likely as not that the disability had its onset during service or is otherwise etiologically related to service.

The Veteran withdrew his appeal before the Board could make a decision on his claim for an increased rating for thoracolumbar strain.

The Board has remanded the claims for additional development due to inadequate range of motion testing and retrospective opinions regarding flare-ups.

The Veteran's sleep apnea is found to be related to his service, and he is granted service connection for this condition.,Service connection is denied for bilateral hearing loss as the evidence does not support a compensable disability rating.

The Veteran's appeal for service connection for a left knee meniscus tear status post repair is granted. The appeal for service connection for left lower extremity lumbar radiculopathy, esophageal disability (GERD and hiatal hernia), residuals of a right fifth metacarpal contusion, and left ear hearing loss are all remanded.

The Veteran's service-connected conditions render him unable to obtain or maintain substantially gainful employment, and the Board finds that referral to the Director, Compensation and Pension Service is warranted for extraschedular TDIU consideration.

The Board has dismissed the appeals for PTSD and a higher rating for an appendectomy scar. The claim of service connection for a low back disability, to include as secondary to rheumatoid arthritis, is remanded due to lack of evidence.