Back / lumbar spine decisions — 2022

The Board has remanded the case due to insufficient VA examination and medical opinions regarding the Veteran's low back disability. Further development is needed to determine if the condition is related to service.

The Board has remanded the Veteran's claims for additional development, including obtaining service treatment records and private medical records. The Veteran is also to be provided with VA examinations to determine the nature and etiology of his claimed back, right ankle, right shoulder, left knee, and right knee disorders.

The Board has remanded the claims for service connection for squamous cell carcinoma of the tonsil and a back disorder due to potential links to herbicide exposure, but without finding any such link in the evidence.

The Veteran's lumbosacral strain with degenerative arthritis is rated at 40 percent, effective June 28, 2022.,Service connection for left and right lower extremity radiculopathies secondary to the Veteran's lumbosacral strain was granted effective April 22, 2013.

The Board has remanded the case for additional development regarding service connection claims for low back disorder, right knee disorder, and toenail disorders. The VA examiners were asked to provide opinions on whether these conditions are related to military service or other factors.

The Board has determined that the Veteran's claim for service connection for chronic bronchitis is denied, and the claims for service connection for a lumbar spine disability and bilateral foot disability are remanded.

The Veteran's appeals for service connection on the merits have been dismissed due to withdrawal. The Board has remanded several issues for further examination and opinion.

The Board has remanded three issues: service connection for a back disorder, service connection for bilateral hearing loss, and SMC based on the need for aid and attendance. The claims are being returned to VA for further development.

The Veteran's service-connected degenerative disc disease did not prevent him from securing or following a substantially gainful occupation prior to August 26, 2019.

The Board has remanded several claims for further development, including obtaining missing VA medical records and scheduling additional examinations. The TDIU issue is inextricably intertwined with the remaining claims.

The Veteran's claims for service connection and initial rating for lumbar spine strain are remanded due to inadequate opinions from the VA examiner. The eye disorder other than dry eye syndrome claim is also remanded.

The Board has determined that the Veteran's lumbar spine disability did not originate in service and is unrelated to his active service. The claim for service connection for a lumbar spine disability is denied.

The Board has remanded the claims of service connection for a back disability, as well as initial rating increases for right and left knee disabilities due to inadequate medical opinions and need for additional examinations.

The Veteran's lumbosacral strain with arthritis and osteoporosis is currently rated at 20 percent, but the Board found that it does not warrant a higher rating as his range of motion did not meet criteria for a higher rating.

The Veteran's claims for increased ratings and effective dates have been denied. The Board found that the current assigned ratings are appropriate.

The Board has granted service connection for a left wrist disability as secondary to the Veteran's service-connected left shoulder impingement syndrome. The claims of service connection for cervical spine, lumbar spine, and obstructive sleep apnea disabilities are remanded.

The Veteran withdrew his appeal for an earlier effective date for the grant of service connection for lumbosacral strain with degenerative arthritis and scoliosis, which was initially granted in August 2020.

The Veteran's claim for an increased rating for his service-connected back disability was granted in March 2022, resulting in past-due benefits. The Appellant is not eligible to receive attorney fees based on these past-due benefits as the December 2021 VA Form 21-526EZ constituted an initial claim rather than a supplemental claim.

The Veteran's TDIU is granted as of November 3, 2019 due to his service-connected lumbar spine and lower extremity radiculopathy disabilities preventing him from securing or following substantially gainful employment.

The Board has determined that there was a duty to assist error in the September 2019 rating decision and has ordered additional examinations and records collection for the Veteran's back disability and bilateral lower extremity disabilities.