Back / lumbar spine decisions — 2022

The Veteran's appeals for increased ratings and service connection have been remanded due to the need for new examinations, identification of outstanding private treatment records, and consideration of additional diagnostic criteria.

The Veteran's claim for a compensable rating for chronic sinusitis was denied. The claims for service connection for bilateral pes planus, lumbar spine disorder, right ankle disorder, and left ankle disorder were all denied as well.

The Board has remanded the claims for increased ratings for low back and left knee disabilities due to inadequate examination reports from prior remands.

The petition to reopen the service connection claim for a left lower extremity mass (previously claimed as bulging varicosity) is denied. An initial maximum schedular rating of 50 percent, but no higher, for the service-connected migraine disability is granted. The back disability and TDIU claims are remanded.

The Veteran's mental disorder, claimed as PTSD and an unspecified anxiety disorder, was caused by service. Service connection is granted for this condition.

The Veteran's service-connected disabilities did not preclude her from securing and maintaining substantially gainful employment, resulting in a denial of the TDIU claim.

The Veteran's claims for service connection for a left ankle disability, hypertension, bilateral hearing loss, insomnia, tobacco abuse, and substance abuse have been denied. The Veteran also has had his initial ratings for lumbar strain with degenerative arthritis, left hip sprain with degenerative arthritis, residuals of left knee injury, status-post anterior cruciate ligament reconstruction and medial meniscus repair with degenerative arthritis and scars, left knee instability, right knee sprain with degenerative joint disease, and residuals of left thumb injury denied.

The Board has ordered additional development due to new VA medical records being added to the claims file. The Veteran's claim for increased ratings and service connection will be reconsidered after this.

The Veteran's back disability was granted a 40% evaluation from October 6, 2015 to November 5, 2018.

The Veteran's claims for earlier effective dates for the grant of service connection for degenerative disc disease of the lumbosacral spine, cervical degenerative disc disease and facet and uncinate arthrosis involving C5-C5 and C6-C7, and chronic post-traumatic headache have been dismissed as freestanding claims.,The Veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine, cervical degenerative disc disease, and chronic post-traumatic headache remain pending.

The Board has granted service connection for a low back disorder, finding that the Veteran's current condition is presumptively related to his military service due to its onset and progression after discharge.

The Board denied the Veteran's claim for service connection for a back disability, finding that his current condition was not caused by VA's failure to exercise proper care during a spinal anesthetic procedure in September 2011. The Board concluded that the additional disability (back disorder) did not result from the VA's fault.

The Board has determined that further development is needed for the Veteran's claims of service connection and rating for his ankle, back, hip, and leg/knee disabilities. The case is being remanded to allow for additional examinations by an orthopedic specialist.

The Veteran's claim for a higher rating for his degenerative joint disease of the lumbar spine was denied as his symptoms did not meet the criteria for a higher rating.

The Board has remanded the Veteran's claims for service connection and rating of his back disability, bilateral knee disability, PTSD with agoraphobia, and hearing loss. The issues include determining whether these conditions are related to service or preexisted service without aggravation.

The Veteran's lumbar spine disability was granted a rating of 20 percent effective January 28, 2015.

The Board has denied the Veteran's claims for service connection for left shoulder, right hand, back, neck, and residuals of a fractured left eye socket with bone graft disabilities as they are not shown to be related to his active duty service.

The Veteran's appeal is remanded for further development regarding his claims of increased disability ratings for residuals of a gunshot wound to the left upper extremity, lumbosacral strain with degenerative arthritis, and radiculopathy of both lower extremities.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there is no medical opinion linking the current condition to service. The preponderance of evidence is against the claim.

The Board has remanded the case due to incomplete service records and a need for a new VA examination to determine if the Veteran's current back disability is related to his active service.