Back / lumbar spine decisions — 2022

The Board has remanded the case for a VA opinion regarding the Veteran's lumbar spine disability, as the prior opinions did not address the potential relationship between the Veteran's major depressive disorder and his claimed lumbar spine disability. The TDIU claim is also deferred until the service connection claims are adjudicated.

The Board has remanded the Veteran's claims for service connection for back disability and bilateral shoulder disabilities due to deficiencies in the VA examinations. The new addendums are required to consider the Veteran's self-reported history of disability, including rheumatoid arthritis, and address its impact on her current conditions.

The Veteran's claim for service connection for spondylosis pars interarticularis, ankylosing spondylitis, and lumbar arthrosis is granted. The Board found that the current disability had onset during service and has continued to the present.

The Board has remanded the case due to inadequate medical opinion and failure to obtain relevant private treatment records. The Veteran's lay statements of an in-service injury are considered, but no credibility determinations have been made.

The Veteran's appeal was denied as his TDIU claim and bilateral hearing loss rating were both denied. The Veteran is currently in receipt of a 100% combined disability rating due to service-connected coronary artery disease, but the Board found that he did not meet the criteria for a TDIU based on any single service-connected condition other than his coronary artery disease. His bilateral hearing loss was rated as noncompensable.

The Veteran's claim for an increased disability rating for mechanical low back pain was denied. The claim of service connection for an acquired psychiatric disorder, to include depression and a sleep disorder, was also denied.

The Board has denied service connection for sleep apnea, hypertension, back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy. The evidence does not support a finding that these conditions began during service or are otherwise related to an in-service injury or disease.

The Veteran's appeal regarding an increased rating for degenerative arthritis of the lumbar spine has been withdrawn. The Board also dismissed the appeals for service connection for various foot disabilities and a right knee disability due to lack of evidence or further development needed.

The Board has granted service connection for hypertension due to herbicide exposure under the PACT Act. The Veteran's other claims are remanded for further development and consideration.

The Veteran's initial rating for service-connected degenerative arthritis of the thoracolumbar spine is granted at 40 percent effective September 3, 2013, to September 4, 2018. The Veteran's increased ratings for radiculopathy, sciatic nerve, right and left lower extremities are also granted.

The Board denied service connection for cervical spine degenerative arthritis, low back strain, bilateral lower extremity radiculopathy, ventral hernia, allergic rhinitis, and plantar fasciitis. The Veteran's claim for bilateral dry eye syndrome was granted.,Service connection was not established for the claimed conditions due to lack of evidence linking them to service or a service-connected disability.

The Veteran's cervical spine disability is currently rated at 10 percent, and the Board has remanded for further evaluation. The left hip bursitis was increased to a 10 percent rating.

The Board has remanded the cases for further development to obtain private treatment records and a VA examination, as well as to verify in-service herbicide exposure. The Veteran's lower back condition and Parkinson's Disease are being reviewed for service connection.

The Board has reopened the Veteran's claims for service connection for various knee, back, and shoulder conditions. However, these claims are being remanded to obtain inpatient treatment records from Fort Chaffee Hospital related to a 105-howitzer incident during service.

The Board denied the Veteran's claim for service connection for a right knee condition, finding no evidence of an in-service injury or onset.,However, the Board granted service connection for a back condition, attributing it to military service and noting continuity of symptoms since service.

The Veteran's service-connected disabilities prevented her from securing or following a substantially gainful occupation for the period prior to April 1, 2021. From April 1, 2021 onward, the evidence is at least in approximate balance and the benefit of the doubt will be afforded to the Veteran.

The Board has remanded the claims for service connection due to insufficient rationale in previous opinions and the need for additional medical examinations.

The Veteran's claim for a TDIU is denied because his service-connected chronic lumbosacral strain does not meet the schedular requirements, and there is insufficient evidence to show he is unable to secure or follow substantially gainful employment due to this disability alone.

The Veteran's rating for degenerative arthritis of the thoracolumbar spine was increased to 40 percent effective December 7, 2021. The claimant is not entitled to a higher rating prior to that date.

The Board denied an initial rating in excess of 10 percent for right leg lumbar radiculopathy (previously rated as right lower extremity sciatica), finding that the disability is manifested by symptoms most closely approximating mild, incomplete paralysis.