Back / lumbar spine decisions — 2022

The Board has remanded the case due to insufficient evidence regarding the date of onset and whether any preexisting low back disability was aggravated by ACDUTRA service.

The Board has remanded the claims for additional development due to the need for more information and records. The Veteran's service connection claims are not granted as there is no current evidence of a hearing loss disability, obstructive sleep apnea, or any other claimed conditions.

The Veteran's claims for compensation under 38 U.S.C. § 1151 for residuals of hernia surgery, a low back condition, and a nerve condition are denied as the events leading to these conditions did not occur during VA-provided care.

The Veteran's claim for an increased evaluation of his service-connected degenerative disc disease and previous fusion of L5-S1 is being remanded due to the need to consider whether separate evaluations for orthopedic and neurologic manifestations can result in a higher rating.

The Veteran's lumbosacral strain with DJD is rated at 20 percent prior to January 11, 2021 and denied for a rating in excess of 20 percent thereafter. The left lower extremity radiculopathy is also rated at 20 percent.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's claimed conditions and their relationship to service.

The Board has found that the VA examinations do not fully comply with the requirements for assessing range of motion and pain, and therefore remands the case to obtain additional information.

The Board has remanded the cases due to incomplete information from a previous VA examination, specifically regarding range of motion testing and pain levels. The Veteran's cervical spine disability and left upper extremity radiculopathy need further evaluation.

The Veteran's diabetes mellitus is presumed to be due to his in-service exposure to herbicide agents. The claim for service connection for diabetes mellitus, Type II, is granted.

The Board has decided to remand the case due to inadequate compliance with previous remands. The Veteran's claim for service connection of a low back disability is being returned for further development and consideration.

The Board has granted service connection for the Veteran's back and neck disabilities, finding that these conditions are related to his in-service explosion. The evidence is at least in equipoise regarding whether the injuries occurred during service.

The Board denied reopening the claims for service connection for a back disability and residuals of a chest injury due to lack of new and material evidence.

The Veteran's lumbar strain is currently rated as noncompensable prior to August 12, 2019, and evaluated as 10 percent disabled thereafter. The Board has remanded the issues of service connection for left knee condition, UTIs, and an acquired psychiatric disorder secondary to service-connected lumbar strain.

The Board has dismissed the claims of service connection for a back disability, chronic fatigue syndrome, and memory loss due to lack of jurisdiction.

The Board denied secondary service connection for right hip, left hip, and lumbar spine disorders as they were not caused or worsened by the service-connected bilateral foot and/or left knee disabilities.

The Board has granted service connection for the Veteran's low back condition, including degenerative disc disease of the lumbar spine, finding that his current disability is at least as likely as not related to an in-service injury. The decision is based on the presumption of chronicity of symptomatology.

The Board has remanded several claims for additional development, including obtaining medical records and providing VA examinations to determine the nature and etiology of the Veteran's claimed conditions. The claims include service connection for various arthritic conditions and hypertension.

The Board has remanded the claims for service connection due to missing records from the Orlando and Tampa VAMCs. The hypertension claim is also pending as it may be related to the other conditions.

The Veteran's lumbar spine disability and cervical spine disability have been granted an effective date of January 3, 2018.

The Board has remanded the Veteran's claims for pseudofolliculitis barbae, back disorder, right shoulder disorder, left shoulder disorder, right ankle disorder (heel), left ankle disorder (heel), and right knee disorder. Additional development is needed to obtain VA treatment records and provide medical opinions regarding the etiology of these conditions.