Back / lumbar spine decisions — 2022

The Veteran's appeal for a higher disability rating for his service-connected bilateral sciatic radiculopathy is denied. The issue of service connection for a neurovascular disorder is remanded.

The Board denied the Veteran's claims of service connection for various conditions, including sleep apnea, right shoulder condition, back condition, left shoulder condition, hearing loss, and lung condition. The reasons given were that there was no evidence to establish a nexus between these conditions and service.

The Board denied service connection for a back condition, finding that the evidence did not support a link between the current disability and active service.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran has withdrawn his appeals for service connection and ratings in excess of the assigned percentages for various conditions, including peripheral neuropathy, arthritis, sleep apnea, cardiovascular disease, PTSD, CAD, and bilateral hearing loss.

The Board has determined that the Veteran's service records show treatment for various conditions during his active duty, but there is no evidence of current disabilities related to those conditions. The claims are being remanded for further development.

The Board has remanded the case for additional development and consideration due to inconsistencies in the Veteran's reports of flare-ups and a need for further medical evaluation.

The Veteran's claim of entitlement to service connection for lumbar spine degenerative disc disease with spondylosis was reopened and granted. The Board found that the evidence supports a medical nexus between the Veteran's current condition and his in-service duties, including lifting heavy equipment.

The Veteran's service-connected disabilities render him incapable of securing or following a substantially gainful occupation, and the Board has granted entitlement to TDIU. The issues regarding cervical discectomy scar, lumbar spine degenerative arthritis, cervical spine discectomy, left lower extremity radiculopathy, and right lower extremity radiculopathy are all remanded for further examination.

The Veteran's service-connected disabilities did not render her unemployable or unable to secure and follow a substantially gainful occupation during the period from July 28, 2009 to January 4, 2011.

The Veteran's claim for higher ratings for his lumbar spine disability and PTSD was denied. The Veteran received a 40% rating for the lumbar spine disability as of August 25, 2019, but the Board found that this did not warrant a higher rating. For PTSD, the Veteran received a 70% rating effective October 1, 2015.

The Board has remanded the claims for service connection for a low back disability, cervical spine disability (to include as secondary to a low back disability), left lower extremity radiculopathy, and right lower extremity radiculopathy due to insufficient information in previous opinions. A supplemental opinion is needed to address the Veteran's reports of self-treatment after discharge.

The Veteran's claims for service connection for chronic respiratory illness and a back disability are being remanded due to the need for additional medical examinations.

The Board has granted the Veteran's claim for service connection for a low back disability, finding that new and material evidence was submitted to reopen the previous denial. The Veteran's current low back disability is found to be at least as likely related to her active duty service.

The Board has ordered additional VA examinations to determine the nature and etiology of the Veteran's claimed low back, left knee, and right knee disabilities. The examination results will be used to decide if these conditions are related to service.

The Veteran's tinnitus is granted service connection. The back disability and acquired psychiatric disorder (including PTSD, anxiety disorder NOS, and depressive disorder NOS) are remanded for further examination and opinion.

The Veteran's PTSD and memory problems have rendered him unable to secure or follow a substantially gainful occupation from March 18, 2010 to October 19, 2015. The Board granted an extraschedular TDIU during this period.

The Veteran's service-connected disabilities do not encompass severe burn injury residuals, amyotrophic lateral sclerosis, a vision disability manifested by blindness, or an inhalation injury. The Board denied eligibility for specially adapted housing and entitlement to a special home adaptation grant as the service-connected disabilities do not meet the criteria for loss of use of any extremity.

The Veteran's claims for depressive disorder, sleep apnea, and growths on the lips and tongue have been granted. The Veteran's claims for an acquired psychiatric disorder (other than a depressive disorder and a generalized anxiety disorder), dental problems with receding gums, cervical spine condition, and lumbar spine condition are still pending.

The Board has dismissed the Veteran's appeals for increased evaluations of his service-connected disabilities and for SMC based on need for aid and attendance or housebound status.