Back / lumbar spine decisions — 2022

The appeals for service connection on multiple conditions have been dismissed due to the Veteran's death.

The Veteran's initial rating for chronic tension headaches is denied, and his initial rating for lumbosacral strain (prior to November 23, 2019) is also denied. However, a 20% rating is granted from November 23, 2019, for the lumbosacral strain.

The Veteran's claims for cervical radiculopathy of the upper extremities and degenerative arthritis of the spine are remanded due to lack of recent VA treatment records.,The Veteran's claim for diabetes mellitus type II is remanded as there were no recent private medical records submitted.,The Veteran's claim for degenerative arthritis of the hands, with ununited fracture ulnar styloid on the right, is remanded due to lack of recent VA treatment records.,The Veteran's claim for gout, bilateral great toe MTP joint, is remanded as there were no recent private medical records submitted.,The Veteran's claim for left ankle insertional Achilles tendinopathy with gout is remanded due to inadequate nexus opinion on the part of the VA examiner.,The Veteran's claim for hypertension is remanded as there was no current diagnosis in the October 2021 VA examination.,The Veteran's claim for nummular eczema is remanded due to an inadequate nexus opinion based on the absence of a presumptive condition list.,The Veteran's claim for prostate condition is remanded due to an inadequate nexus opinion based on the absence of a presumptive condition list.

The Veteran requested to withdraw his appeals for heat exhaustion, musculoskeletal mid/lower back (thoracolumbar spine), bilateral hearing loss, and tinnitus. The Board dismissed the appeal as a result.

The Board has reopened the claims for service connection for acid reflux, bilateral lower extremity peripheral neuropathy, residuals of left ankle fracture, and urinary incontinence secondary to a psychiatric disorder. The other claims remain denied as new evidence does not relate to these issues.

The Veteran's service-connected PTSD and thoracolumbar spine disorder have prevented him from securing or following a substantially gainful occupation since his discharge in February 2014, warranting a TDIU rating effective that date.

The Board has remanded the claims for service connection due to new and relevant evidence submitted by the Veteran, including his testimony at a hearing. The VA is instructed to obtain service personnel records and medical records from specific hospitals.

The Veteran's appeal for an initial compensable rating for bilateral hearing loss disability was denied. The Board found that the Veteran's service-connected bilateral sensorineural hearing loss disability is manifested by hearing acuity no worse than Level III in each ear, resulting in a 0 percent rating. For the remaining issues on appeal, including left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, liver disability, thyroid disability, low back disability, and face spasms, the Board found that pre-decisional duty to assist errors were made and remanded for further action.

The Veteran's lumbar strain with degenerative disc disease and spondylosis is granted at a 40 percent rating, effective from the date of the October 2021 decision. The bilateral lower extremity radiculopathy is also granted at a 40 percent rating.

The Board has granted service connection for the Veteran's diagnosed back, bilateral shoulder, and bilateral knee disorders. The issues of service connection for an acquired psychiatric disorder are remanded.

The Board has granted service connection for lower back, upper back, and right shoulder disabilities. The Veteran's current conditions are considered to be at least as likely as not related to his military service.,Left foot disability is not addressed in the decision.

The Veteran's appeal for service connection of a back disability is dismissed. The Board also finds that additional development is required to correct a duty to assist error in the rating of ischemic heart disease.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional medical opinions. The issues include back disability, bilateral hearing loss, and tinnitus.

The Board has remanded the case due to a failure to obtain Social Security Administration records, which may contain relevant information about the Veteran's back disability.

The Veteran's lumbar spine degeneration is granted a 40 percent rating, effective from the date of the decision. The Veteran's obstructive sleep apnea and PTSD are denied ratings in excess of their current levels.

The Veteran's claims for increased ratings and earlier effective dates for PTSD, back disability, right hip disability, right knee disability, left knee disability, and right ankle disability are being remanded due to the need for additional VA examinations.

The Board has remanded the Veteran's claims for a higher rating for his lumbar spine disability due to incomplete development and need for additional medical examination.

The Veteran's service-connected disabilities, including lumbar spine status post laminectomy, left lower extremity radiculopathy, and right hip degenerative joint disease post-traumatic osteonecrosis, combine for a 60 percent rating. These conditions have rendered the Veteran unable to secure or follow a substantially gainful occupation prior to September 12, 2011.

The Veteran's claim for service connection for cervical and lumbar spine injuries has been granted.,The Board found that the Veteran had a history of neck and back pain during active duty, which continued after separation from service.

The Board has determined that additional development is necessary before the claims for service connection for various disabilities can be decided. The Veteran's thoracolumbar spine, left foot neurological, right foot neurological, left foot plantar fasciitis, right foot plantar fasciitis, left knee, and right knee disabilities are being remanded for further examination and medical opinion.