Back / lumbar spine decisions — 2022

The Board has remanded the claims of service connection for a low back disability, to include as secondary to a service-connected right knee disability, and temporary total disability rating under 38 C.F.R. § 4.30 for convalescence following a surgical procedure for a low back disability due to inadequate VA opinions regarding causation.

The Veteran's service-connected disabilities did not prevent them from obtaining or maintaining substantially gainful employment prior to February 5, 2016.

The Board has remanded the case due to insufficient examination findings regarding the Veteran's lumbar spine disability, specifically during periods of flare-ups and repetitive use over time.

The Board has reopened the Veteran's claims for service connection for myotonic dystrophy and right leg disorder due to new evidence received since the final November 2007 denial. The case is remanded for further development, including obtaining SSA records and an opinion on the nature and etiology of the Veteran's myotonic dystrophy.

The Veteran's claim for higher ratings for his low back disability and radiculopathy of the lower extremities has been denied. The Board found that a rating in excess of 40 percent is not warranted for any manifestation of the service-connected conditions.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus have been reopened. The claim for a higher rating for degenerative joint disease of the lumbar spine is denied, but the claim for right lower extremity radiculopathy (sciatic nerve) and left lower extremity radiculopathy (sciatic nerve) has been granted with ratings in excess of 20 percent beginning March 6, 2018. The claims for higher ratings for right lower extremity radiculopathy (femoral nerve) and left lower extremity radiculopathy (femoral nerve) are denied.

The Board has determined that the Veteran's degenerative arthritis of the thoracolumbar spine is at least as likely as not incurred in or caused by his military service, granting his claim for service connection.

The Veteran's service-connected disabilities, including his thoracolumbar strain with degenerative changes and posttraumatic stress disorder, rendered him unable to secure or follow a substantially gainful occupation as of June 11, 2012.

The Board has remanded the Veteran's case for further development, including obtaining VA examinations and opinions regarding his eye disabilities, cervical spine disability, knee disabilities, and radiculopathy. The issues of service connection and initial ratings are being addressed.

The Board has remanded the service connection claims for low back, left shoulder, right knee, and left knee disabilities due to secondary service connection. The TDIU claim is also remanded as it is inextricably intertwined with these issues.

The Board denied service connection for low back and right knee disorders, finding that the Veteran's current conditions are not related to his military service.

The Board has dismissed the Veteran's appeals for a rating in excess of 40 percent for low back disability and a rating in excess of 10 percent for right lower extremity radiculopathy due to the appellant's request for withdrawal.

The Board has ordered remand for the following reasons: obtaining outstanding VA records, scheduling updated examinations to assess lower extremity neuropathy, and addressing the issue of TDIU. The Veteran's service-connected low back strain, right and left lower extremity neuropathy, and chronic cervical strain are all being reviewed.

The Veteran's back disability, rated at 20 percent since September 1, 2001, is not shown to warrant a higher rating as the evidence does not demonstrate forward flexion of the thoracolumbar spine of 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes of intervertebral disc syndrome having a total duration of at least 4 weeks.

The Veteran's claim for an increased rating for neuralgia at T8 of the left intercostal root and degenerative joint and disc disease of the thoracolumbar spine was denied because he failed to report for a necessary VA examination.

The Board denied service connection for lumbar spine disability, rupture of posterior tibialis tendon, radiculopathy of the right and left lower extremities (hip disabilities), and pituitary tumor. The decision also remanded claims for chronic sinusitis and hypertension.

The Board has remanded several claims for further development, including those related to PTSD, spinal disabilities, hearing loss, fibromyalgia, and other conditions. The Veteran's VA treatment records need to be updated, and she needs to undergo additional examinations to assess the severity of her service-connected disabilities.

The Board has remanded the claim for a lumbar spine disability due to inadequate medical opinion and failure to obtain inpatient treatment records from Seoul, South Korea. The Veteran's history of lifting heavy engines during service is considered.

The Board denied service connection for a low back disorder, finding that the Veteran's current diagnosis of lumbosacral strain was less likely caused by any incident in service.

The Veteran's service-connected disabilities result in the loss of use of both lower extremities, affecting balance and propulsion. The Board finds that he is eligible for specially adapted housing but not for special home adaptation grants due to his existing eligibility for SAH.