Back / lumbar spine decisions — 2022

The Board has granted service connection for the Veteran's lower back disorder, but remanded the neck disorder claim due to insufficient rationale in prior VA opinions.

The Board has determined that more development is needed to determine the etiology of the Veteran's thoracolumbar spine disability, including whether it is related to service-connected left hip and/or left knee disabilities or aggravated by them.

The Board has remanded the Veteran's claims for additional development due to lack of substantial compliance with prior directives.

The Veteran's appeals for effective dates and service connection have been dismissed. The Board has remanded the claims for bilateral plantar fasciitis, a back condition, headaches (including migraine), PTSD due to MST, depression, and an initial rating higher than 30 percent for generalized anxiety disorder.

The Board denied entitlement to SMC based on the need for aid and attendance or housebound status due to insufficient evidence showing that the Veteran required regular assistance from another person.

The Veteran's thoracolumbar spine disability and bilateral lower extremity radiculopathy have been granted a rating of 40 percent effective July 18, 2017. The right lower extremity radiculopathy has been rated at 20 percent since September 29, 2015, and the left lower extremity radiculopathy has been rated at 20 percent since September 29, 2015.

The Board has denied service connection for a lower back disorder and remanded the claims for OSA and acid reflux/GERD due to insufficient evidence. The Veteran's claims are now pending again with the AOJ.

The Board denied service connection for anxiety disability, adjustment disorder disability, back disability, left hip disability (secondary to back), and sleep apnea disability.,The evidence did not support a current diagnosis of any of these conditions during the claim period.

The Board has decided to remand the case due to duty-to-assist errors and inadequate medical opinions. The Veteran's back disability is being reviewed again.

The Board has remanded the claims for service connection due to new and relevant evidence submitted by the Veteran, including his lay statements from his hearing and VA treatment reports. The issues of diabetes, hypertension, and bladder spasms are also being remanded as they are inextricably intertwined with the service connection claims.

The Board has determined that additional VA examinations are needed to assess the nature and etiology of the Veteran's lower back condition and left lower extremity sciatic nerve condition, as these issues may be inextricably intertwined with his service connection claims.

The Board has dismissed the appeal as moot because the AOJ already corrected and distributed the attorney fees based on the past-due benefits awarded in an August 2019 rating decision.

The Board has granted service connection for right hip degenerative arthritis, left hip degenerative arthritis, and low back degenerative arthritis. The conditions are all related to the Veteran's in-service parachute operations.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board denied the Veteran's claims for service connection for neck condition, psoriatic arthritis of the back, and psoriatic arthritis of the hands as secondary to his service-connected lumbosacral strain. The Board found that there was no evidence of a chronic condition in service or within one year of separation from service, and the medical opinions did not support a link between the Veteran's current conditions and his service-connected disability.

The Board has determined that there were pre-decisional duty to assist errors in the Veteran's claims for service connection for left and right ankle disabilities, as well as a lumbosacral strain disability. The AOJ is required to obtain any outstanding medical records from VA or private providers, specifically those related to the Veteran's bilateral ankle and lower back symptoms. An addendum examination report must be obtained by a medical professional addressing the continuity of the currently diagnosed conditions during service.

The Board has granted service connection for the Veteran's lumbar spine degenerative joint disease, facet arthropathy, and spondylosis, finding that these conditions began during active duty.

The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of one or both hands or feet, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of one or both knees or hips. Therefore, he does not qualify for financial assistance in purchasing a vehicle and adaptive equipment.

The Veteran's bilateral hip and low back disabilities are granted as secondary to his service-connected conditions.,The Veteran's erectile dysfunction is granted as secondary to his service-connected pituitary microadenoma.

The Board has determined that additional development is needed for the Veteran's claims of service connection for low back disorder, kidney cancer, colon cancer, and prostate cancer. The Veteran will be afforded VA examinations to determine the nature and etiology of any current diagnoses.