Back / lumbar spine decisions — 2022

The Board has denied the Veteran's claims for service connection for a cervical condition and a back condition (thoracolumbar) as there is no persuasive evidence linking these conditions to his military service.

The Board denied a higher disability rating for the Veteran's cervical spine strain with degenerative disc disease, finding that his condition more nearly approximated no worse than forward flexion of the cervical spine at least 15 degrees but not greater than 30 degrees when considering pain and functional loss.

The Veteran's acquired psychiatric disorder is granted as secondary to his service-connected disabilities.,The Veteran's low back disorder is granted as incurred in, or caused by, military service.,The Veteran's cluster headaches are granted as first manifested during service.,The Veteran's dizzy spells are granted as first manifested during service.

The Board has granted service connection for bilateral pes planus, low back disorder, right ankle degenerative arthritis, right shoulder degenerative arthritis (status post reverse total shoulder arthroplasty), left shoulder degenerative arthritis, right knee degenerative arthritis, and left knee degenerative arthritis. The rating assigned is 60 percent.

The Board has decided to remand the claims of service connection for low back strain and neck disorder due to a lack of a VA examination, which is necessary to determine if these conditions are related to service.

The Veteran's tinnitus is granted as service-connected.,The Veteran's lumbar sprain with degenerative disc disease prior to June 24, 2019, and in excess of 20 percent thereafter remains remanded for additional development.,The Veteran's sleep apnea is remanded for addendum opinions regarding its etiology.,The Veteran's diabetes mellitus type II is remanded for addendum opinions regarding its etiology.,The Veteran's neuropathy of the left upper extremity, right upper extremity, and right lower extremity are remanded for addendum opinions regarding their etiology.,The Veteran's neuropathy of the left lower extremity is remanded for addendum opinions regarding its etiology.

The Board has found that the VA did not provide an adequate medical opinion regarding the Veteran's lumbar spine disability, and thus remanded for a new examination to determine if it is at least as likely as not related to service.

The Veteran's TDIU and DEA eligibility are denied as the evidence does not show that he was unable to secure or follow a substantially gainful occupation prior to May 27, 2011.,The Board found no entitlement to TDIU prior to May 27, 2011, due to the Veteran's service-connected disabilities and his ability to engage in activities such as painting and working on cars.

Service connection for a back condition is granted.,Service connection for essential tremors secondary to herbicide exposure is denied. The Veteran's current diagnosis of essential tremors does not meet the presumption for service connection for a chronic disease under 38 C.F.R. § 3.309(a).

Your claims for a low back condition and neck injury have been dismissed due to the Veteran's death. The Board has no jurisdiction to proceed with these matters as they are not about service connection.

The Veteran's PTSD and depression are granted as service-connected, but his cervical spine disability and thoracolumbar spine disability are denied.

The Veteran's claims for service connection for lower back condition, right leg pain, and skin rash in the groin area have been reopened. Service connection is granted for all three conditions.

The Veteran's appeal for service connection of a left ankle disability has been withdrawn and dismissed due to his opt-in under the Appeals Modernization Act (AMA). The AMA system was activated, but only for the back disability claim. The left ankle disability claim remains in the Legacy appeal system.

The Board has remanded the case due to the need for a new VA opinion regarding whether the Veteran's current lumbosacral spine disability is related to or aggravated by his service-connected disabilities, specifically arthritis of the bilateral legs and limitation of extension of the right leg.

The Board denied the Veteran's claim of service connection for a low back disability, finding that there is no evidence to support a relationship between his current condition and his military service.

The Board has decided to remand the case due to the need for a new VA examination and medical opinion regarding the Veteran's back disability.

The Veteran's claims for increased ratings in various lower back and nerve conditions have been denied due to his failure to report for a scheduled VA examination.

The Veteran's appeals for higher staged initial ratings for bilateral plantar fasciitis and thoracolumbar spine spondylosis with spinal stenosis, degenerative disc disease and intervertebral disc syndrome are being remanded due to the need for additional VA examination reports and a Supplemental Statement of the Case.

The Board granted initial ratings of 20 percent for right and left lower extremity radiculopathy prior to August 13, 2019, and a higher rating of 40 percent for lumbar spine fusion with implantation from August 1, 2013, to August 12, 2019.

The Board has remanded the claims of service connection for back, right hip, and left hip conditions as secondary to bilateral knee disability. Additionally, the claim for respiratory condition is also remanded.