Back / lumbar spine decisions — 2022

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his left knee, cervical spine, thoracolumbar spine (including scoliosis), and sciatica disabilities. The RO is instructed to obtain addendum opinions from appropriate clinicians.

The Board has remanded the issues of entitlement to increased ratings for low back and neck disabilities, but denied an earlier effective date for TMJD.

The Board has granted service connection for degenerative disc disease of the cervical spine, degenerative joint disease of the lumbar spine, and cervicogenic headaches. However, due to new evidence submitted by the Veteran regarding his peripheral neuropathy and hand conditions, these issues are being remanded for further evaluation.

The Board denied service connection for a back disability, finding that the Veteran's current condition did not manifest within one year of separation from active duty and there was no evidence linking his current condition to service.

The Veteran's TDIU claim is being remanded due to the need for additional development and consideration of his service-connected disabilities in determining whether he is unemployable.

The Veteran's lumbar DJD with IVDS and epilepsy were not rated higher than 40 percent, as there was no evidence of unfavorable ankylosis or incapacitating episodes. The Veteran’s bowel dysfunction and erectile dysfunction are separately rated.,Epilepsy was also not rated higher than 40 percent due to the lack of confirmed major seizures in the past year.

The Board has granted service connection for a chronic lumbosacral disorder, finding that the Veteran's symptoms were incurred in active duty service.

The Veteran's back disability was rated at 20 percent prior to July 29, 2015. The Board found that the current rating of 20 percent already accounts for functional loss due to pain and other DeLuca factors after repetitive use and/or during flare-ups.

The Board has remanded the issue of an increased rating for the Veteran's lumbar spine disorder since February 19, 2019. The case is being returned to obtain private treatment records and conduct a VA examination.

The Board has determined that additional development is needed for the Veteran's cervical spine, hip, and bilateral knee disabilities. The appeal remains pending as these issues are remanded.

The Board has remanded the claims for bilateral hearing loss, tinnitus, cervical spine disability, low back disability, left arm disability, right knee disability, left knee disability, hemorrhoids, and skin disability (pseudofolliculitis barbae) due to incomplete records.

The Veteran's cervical spine condition is granted as secondary to service-connected dorsolumbar strain. The thoracolumbar strain disability, already service connected, is also granted. Service connection for migraine headaches is granted based on their relationship to the service-connected disabilities.

The Board has determined that further development is needed to address pre-decisional duty to assist errors in connection with the Veteran's claims for service connection for various disabilities, including headaches, TBI, shoulder disabilities, gastrointestinal issues, and fibromyalgia.

The Veteran's claim for service connection was granted in April 2012 with an effective date of April 6, 2011. The Board found that the correct effective date should have been March 8, 1973, and granted revision to reflect this.

The Board has remanded the Veteran's claims of service connection for back, right hip, and left hip disabilities due to a lack of adequate opinions regarding causation and aggravation.

The Veteran's right knee, right leg and low back disorders are now service connected.,Service connection for the Veteran's right hip disorder is also granted as it is related to his other service-connected disabilities.

The Veteran's service-connected peripheral vestibular disorder is currently rated as 30 percent disabling, and his tinnitus is secondary to this condition.,Issues related to bilateral foot, knee, lumbar spine, and lower extremity neuropathy are remanded for further review.

The Board has decided to remand the Veteran's claims for intestinal bleeding residuals, left hip disability, right hip disability, low back disability, and lower extremity radiculopathy due to errors in obtaining her complete service treatment records from her second period of active duty.

The Board has remanded the Veteran's claims for increased ratings and service connection due to inadequate examinations in prior decisions.

The Board has granted the appeal for service connection of back, left knee, and right knee disabilities based on receipt of new and relevant evidence. The Veteran's siblings' lay statements have been considered, which support his claims that he experienced symptoms in Vietnam and continued to experience them post-service.