Back / lumbar spine decisions — 2022

The Board has remanded the claims for service connection and TDIU prior to July 22, 2018 due to conflicting medical opinions and need for further examination.

The Veteran withdrew his appeal of the claims for service connection for right and lower extremity plantar fasciitis, as well as lumbar spine disabilities.

The Board denied service connection for a low back disability, finding that the Veteran's arthritis of the low back was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. The Board also found no credible continuity of symptomatology since service.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining VA treatment records since March 2020 and scheduling VA examinations.

The Veteran's claim for service connection for hypercholesterolemia is denied as it does not represent a disability in and of itself.,The Veteran's claims for increased ratings for lumbar strain with spondylosis prior to October 22, 2019 and hypertension are remanded due to inadequate examination and the need for additional medical opinions.,The Veteran's claim for service connection for a skin disability is remanded as there is insufficient evidence regarding its relationship to in-service events.,The Veteran's claims for service connection for diabetes mellitus, type II (DMII) and psychiatric disorder are remanded due to inadequate examination and the need for additional medical opinions.,The Veteran's claim for service connection for a cervical spine disability is remanded as there is insufficient evidence regarding its relationship to in-service events.,The Veteran's claims for service connection for sleep apnea and erectile dysfunction are remanded due to inadequate examination and the need for additional medical opinions.,The Veteran's claim for secondary service connection for erectile dysfunction as secondary to lumbar spine disability is remanded.

The Veteran's service-connected thoracolumbar spine intervertebral disc syndrome (IVDS) and related lower extremity radiculopathy have been granted initial ratings of 40 percent each, effective March 21, 2013. The neurogenic bladder condition is also rated at 40 percent effective March 1, 2019.

The Veteran's appeal is remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and readjudicating the claims.

The Veteran's PTSD has been granted an initial rating of 100 percent, effective from July 26, 2021. The issues of service connection for heart disease, left shoulder disability, residuals of fibroid tumor, and low back disability are remanded.

The Board has granted the Veteran's claim for service connection for a lumbar spine disorder, finding that his current diagnosis is related to his active service.

The Veteran's claim for service connection for tinnitus is granted, while claims for bilateral hearing loss, skeletal arthritis, a skin condition, and the thoracolumbar spine condition are denied. The Veteran's left ankle, left knee, and right knee conditions have been rated as requested.

The Veteran's claim for a higher rating for chronic low back strain with degenerative disc disease prior to January 21, 2021 is denied as the evidence does not show forward flexion of the thoracolumbar spine to 30 degrees or less.,The Veteran's claim for a higher rating for chronic low back strain with degenerative disc disease from January 21, 2021 is denied as the evidence does not show unfavorable ankylosis of the entire thoracolumbar spine.

The Board denied service connection for a left knee disability and a low back disorder, finding that the disabilities did not manifest within one year of service and were not shown to be causally or etiologically related to an in-service event, injury, or disease.,Both conditions are considered to have developed naturally over time rather than being directly linked to service.

Service connection is granted for cervical spine disorder (including degenerative arthritis) and lumbar spine disorder (including degenerative arthritis).,Service connection is denied for a neurological disorder of the right lower extremity as secondary to service-connected lumbar spine disorder.,Left ear hearing loss does not meet the criteria for a compensable rating.

The Veteran's claim for TDIU is being remanded due to the Board's failure to provide an adequate statement of reasons or bases for its decision. The case will be referred to the Under Secretary for Benefits or the Director of Compensation and Pension Service for consideration of assignment of a TDIU on an extraschedular basis.

The Board has granted service connection for a lower back condition and remanded the issue of rating in excess of 10 percent for right wrist fracture.

The Board has remanded the Veteran's claims for service connection due to inadequate examination opinions and failure to address the Veteran's lay statements regarding his symptoms.

The Veteran's low back disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. The Board finds that service connection for a low back disability for accrued benefits purposes is not warranted.,The appeal for recognition of the Appellant as a helpless child on the basis of permanent incapacity for self-support prior to attaining the age of 18 has been granted. Service connection for the cause of the Veteran's death and DIC under 38 U.S.C. § 1318 are remanded due to pending issues.

The Board has remanded the claims of service connection for a respiratory disorder, headaches, depression and anxiety, bilateral foot disability, lower back condition, and bilateral ankle disability due to inadequacies in the VA examination reports.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to incomplete medical examinations and lack of consideration of lay statements.

The Board has determined that the Veteran's claims for cervical, lumbar, bilateral shoulder, and bilateral elbow disabilities are remanded due to insufficient medical opinions addressing his theories of entitlement.