Back / lumbar spine decisions — 2022

The Veteran's claims for service connection for bilateral hearing loss, COPD and pneumonia, skin cancer, a back disability, and a heart disability have been denied. The Board found that the evidence did not support a finding of in-service onset or chronicity of these conditions.

The Board has determined that additional development is needed for the Veteran's claims of service connection for a low back disability, hypertension, and PTSD. The case will be returned to VA for further action.

The Board has decided to remand the Veteran's appeal for additional development due to outstanding records and inadequate examination report.

The Veteran's claims for service connection for back, left eye, and right eye disorders are being remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The Board denied service connection for anxiety and depression (now claimed as PTSD), right wrist disability, left wrist disability, left shoulder rotator cuff tendonitis with glenohumeral and acromioclavicular joint osteoarthritis, and degenerative arthritis and disc disease of the lumbar spine.

The Board has dismissed the appeals for service connection for various disabilities as both the appellant and his authorized representative requested a withdrawal of these appeals.

The Veteran's claims for increased ratings for radiculopathy of the left lower extremity and spondylolisthesis of the lumbosacral spine with degenerative arthritis and IVDS were denied. The Veteran was granted service connection for degenerative changes and strain of the cervical spine.

The Board has determined that the Veteran's claims for service connection for low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy must be remanded due to duty-to-assist errors. Specifically, the RO did not obtain all of the Veteran's STRs, private treatment records from Drs. Campbell and Shybut, or a VA examination for his low back disability.

The Board has determined that the Veteran's current lumbar strain and residuals of status post disc fusion of the thoracolumbar spine are related to his active duty service, granting service connection for these conditions.

The Veteran's appeal for a higher rating on lumbar spine degenerative arthritis is dismissed. The claim for hypertension remains denied. Service connection for diabetes mellitus has been granted based on new and material evidence. Chronic constipation secondary to service-connected hypertension is now service connected. Claims for chronic fatigue syndrome, IBS, fibromyalgia, and MUCMI are all denied.

The Board denied the Veteran's claim for service connection for a low back condition, finding that it is not secondary to his service-connected bilateral knee conditions and is otherwise unrelated to an in-service injury or disease.

The Board has remanded the case due to inadequate reasons and bases in its decision regarding TDIU, specifically addressing whether the Veteran is capable of sedentary work.

The Board has decided to remand the case due to a pre-decisional duty to assist error, and the Veteran's specific reports of back pain during service.

The Board has withdrawn the Veteran's appeals regarding timeliness of a submission of a Notice of Disagreement for an earlier effective date for fracture of the right hand, 5th metacarpal and an earlier effective date prior to March 15, 2017 for service connection of PTSD. The claims for service connection for back disability, obstructive sleep apnea (OSA) due to PTSD, right wrist disability, bilateral hearing loss, and tinnitus are all remanded.

The Veteran's service-connected disabilities are rated at 100%, combined. He does not meet the criteria for special monthly compensation (SMC) at the 's' rate, and his TDIU claim is dismissed as moot.

The Veteran's appeal is remanded for another VA examination to assess the current severity of his service-connected back, left and right knee disabilities. The examiner should consider the Veteran's reports of symptoms and provide opinions regarding range of motion loss due to flare-ups and pain.

The Board has remanded several issues related to the Veteran's back and neck disabilities, including increased ratings for these conditions as well as separate ratings for headaches and radiculopathy. The VA is directed to obtain additional medical opinions regarding functional loss of the Veteran's spine during flare-ups and the ameliorative effects of medication on his range of motion.

The Veteran's appeals for service connection and increased ratings have been dismissed as he has withdrawn his appeal, indicating satisfaction with his current award.

The Board has granted service connection for a degenerative disc disease and spondylosis of the lumbar spine, finding that it first manifested during active duty. Service connection was denied for a left shoulder disability due to lack of current diagnosis.

The Veteran's lumbar spine disability, LLE radiculopathy, and low back scar are rated at 20 percent effective February 7, 2018. The bilateral foot disability is rated at 30 percent effective July 2, 2019.