Back / lumbar spine decisions — 2022

The Board has remanded the case due to concerns about attending an examination, and a new opinion is needed regarding the relationship of the Veteran's cervical spine disability to service, her service-connected lumbar spine disability, and left fifth toe amputation.

The Veteran's service connection claims for a groin disorder and low back disorder were granted. The left shoulder, hip, and ankle disorders were denied.

The Board has remanded the case for further development and readjudication due to the need for an examination of the Veteran's low back disability.

The Veteran's service-connected GERD is rated at 20 percent, effective January 26, 2019. The Board denied the Veteran's claim for a TDIU due to his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and a pre-decisional duty to assist error.

The Veteran's low back disability is granted as service connected. The bilateral hip condition and left knee disability are denied.

The Veteran's service-connected conditions do not meet the criteria for financial assistance in purchasing an automobile or other conveyance and/or adaptive equipment, as his vision impairment does not qualify under the specified regulations.

The Board has found the VA Centralized Eligibility and Appeals Team (CEAT) review inadequate to support the decision made, as it did not address whether the Veteran requires personal care services each time he completes one or more activities of daily living (ADLs). The case is remanded for an updated CEAT review.

The Board denied service connection for a left shoulder disorder, left lower extremity radiculopathy and peripheral neuropathy (to include as due to a low back disorder), and a low back disorder. The decision is based on the lack of evidence showing an in-service injury or nexus.

The Veteran's service-connected back disability, bilateral lower extremity radiculopathy, and left ankle disability cause incapacity requiring aid and assistance on a regular basis. SMC due to the need for Aid and Attendance (A & A) is granted, but the claim of entitlement to SMC at the housebound rate is denied. SAH and SHA are also denied.

The Veteran's back condition, right shoulder strain, left upper extremity peripheral neuropathy (claimed as a left shoulder and hand condition), and right upper extremity peripheral neuropathy (claimed as a right hand condition) are all granted. The kidney condition is remanded for further development.

The Veteran's appeals for a compensable rating for bilateral hearing loss, a rating in excess of 50 percent for PTSD, and TDIU due to service-connected disabilities are all remanded. The appeal for service connection for low back pain is also remanded.

The Board has denied the Veteran's claims for service connection for degenerative disc disease of the low back, right hip osteoarthritis, and left hip strain. The evidence does not support a finding that these conditions are related to service or a service-connected disability.

The Veteran's service connection claim for bilateral hearing loss is denied as he does not have a current diagnosis of the disability. For his IVDS and thoracolumbar DJD, the Board finds that the criteria for a rating in excess of 10 percent are not met.

The Veteran's initial rating for degenerative arthritis of the lumbar spine is denied as it does not meet the criteria for a higher rating.,The Veteran's initial ratings for radiculopathy of the left and right lower extremities are also denied, as they do not meet the criteria for a higher rating prior to September 13, 2021.

The Board has remanded the claims of service connection for tinnitus, bilateral hearing loss, PTSD, left knee condition, right knee condition, left leg condition, lumbar back condition, and neck condition due to a duty-to-assist error. The Veteran was not scheduled for examinations because he failed to appear, but it is believed he was briefly incarcerated in March 2022.

The Board has determined that the Veteran's current low back disability, diagnosed as lumbosacral strain, is related to service and grants service connection for this condition.

The Board has granted service connection for the Veteran's back condition (DDD) and hiatal hernia, finding that his symptoms are related to his military service. The claims were reopened due to new evidence submitted by the Veteran.

The Veteran's appeal has been withdrawn by his attorney, and the Board is dismissing the appeal due to lack of an allegation of error in the determination.

The Veteran's claim for a higher rating for fibromyositis, S1, lumbar spine is remanded due to inadequate examination. The TDIU prior to May 18, 2016, is also remanded as the schedular requirements were not met.