Back / lumbar spine decisions — 2022

The Veteran's service-connected disabilities did not preclude him from securing and following any substantially gainful employment. The Board found that the evidence does not show that he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has denied an increased rating for right wrist sprain and remanded other service connection claims. Additional examinations are needed to assess the severity of left elbow olecranon bursitis, knee disability, back disability, neuropathy of hands/feet, bilateral carpal tunnel syndrome, shoulder disability, eye disability, and acquired psychiatric disorder.

The Board has remanded the claims for further development due to outstanding VA treatment records and inadequate examination findings. The Veteran's knee and lumbar spine disabilities are being evaluated again, with a focus on obtaining more detailed information about their current severity.

The Veteran's lumbar degenerative disc disease was granted an initial rating of 20 percent, effective from the date of the grant of service connection. The Veteran's left and right ear hearing loss were also granted service connection.

The Veteran withdrew his appeals for the issues of entitlement to service connection for cervical degenerative disc and joint disease, right shoulder disorder, sinusitis, and entitlement to an initial rating in excess of 20 percent disabling for left and right lower extremity radiculopathy of the sciatic nerve.

The Board has remanded the cases for further development and examination to determine if the Veteran's left knee strain and low back condition are related to service, and whether his current conditions are aggravated by any service-connected disabilities.

The Board denied service connection for gastritis, gastroesophageal reflux disease (GERD), a low back disability, right elbow and left elbow disabilities, right hip and left hip disabilities, and right knee and left knee disabilities. The issues were decided on the merits as direct service connection was not established.

The Veteran's appeal for increased disability ratings is being remanded due to the need for additional evidence and a retrospective opinion on functional loss of his lumbar spine.

The Board has decided that additional development is needed to obtain medical records from Dr. K.S., which may help determine the Veteran's lumbar spine disability.

The Board has remanded the Veteran's claims for neck disability, back disability, left-hand CTS, and right-hand CTS due to inadequate opinions in the May 2022 VA examination report. The AOJ is required to obtain additional medical evidence and provide a new opinion addressing the etiology of these conditions.

Service connection for benign essential tremors is granted.,Service connection for degenerative arthritis of the lumbar spine and tinnitus is also granted. However, service connection for an acquired psychiatric condition remains pending as further examination is needed.

The Veteran's claim for service connection for a lower back disability, including lower back pain and bulging disc, is denied as there is no evidence of an in-service injury or motor vehicle accident that caused the condition. The Board finds his statements regarding these events to be unreliable.

The Board has dismissed the appeal on the issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for hypothyroidism. The issues of whether new and material evidence has been received to reopen claims of service connection for lumbar spine degenerative disc disease, prostatitis, athlete's feet with blisters, left elbow strain, major depressive disorder (claimed as depression, anxiety and sleeping problems), and hypertension are remanded.

The Board has decided to remand the Veteran's claims for additional development due to incomplete records and need for further examination.

The Veteran's chronic lumbar strain and degenerative disc disease, with guarding and spasms, are granted a 50 percent disability rating. Ratings for right lower extremity radiculopathy prior to September 16, 2014, and from September 16, 2014 onwards, are granted at 20 percent each. The Veteran's left lower extremity radiculopathy is also rated at 20 percent.

The Board has remanded the Veteran's claims for service connection due to incomplete service records and inadequate VA examinations. The issues include back disability, psychiatric disability, left knee disability, right knee disability, lymph node disability, and evaluation of a recurrent left ankle sprain.

The Board has remanded the claims for hemorrhoid with hemorrhoidectomy, right hip condition, COPD, congestive heart failure, neuropathy left and right legs and feet, back condition, diabetes mellitus type 2, and hypertension due to incomplete service records.

The Board has granted service connection for a low back disorder and a cervical spine disorder, finding that the Veteran's current conditions are related to her in-service symptoms and complaints of pain.

The Board has remanded the case for further development, including obtaining an opinion on whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected disabilities and whether obesity is a substantial factor in causing or aggravating his obstructive sleep apnea.

The Veteran's service-connected PTSD with depression is granted at a 70 percent rating since April 23, 2012. The claim for increased ratings and TDIU prior to April 23, 2012, are denied.