Back / lumbar spine decisions — 2022

The Veteran's appeal for a disability rating exceeding 10 percent for bilateral hearing loss is dismissed. The Veteran's claim for service connection for skin cancer and residuals thereof, as well as his claim for service connection for a back disability, are granted.

The Board has found the VA Centralized Eligibility and Appeals Team (CEAT) review inadequate to support the decision made, as it did not address significant medical evidence concerning whether the Veteran may require daily assistance to complete an ADL or a need for supervision, protection, or instruction. The matter is remanded for further review.

The Veteran's appeal is remanded for additional medical opinions regarding his service-connected PTSD, as well as for evaluations of his left and right hip disorders and degenerative arthritis of the lumbar spine.

The Veteran's cervical spine degenerative disc disease, claimed as neck pain, is granted service connection.,Service connection for headaches is granted based on the Veteran's in-service MVA and continued symptoms.

The Veteran's claim for a rating in excess of 40 percent for degenerative arthritis of the lumbar spine was denied. The Board found that there is no evidence of unfavorable ankylosis, and thus, a higher rating is not warranted. For TDIU, the Veteran's service-connected disabilities did not render him unable to obtain or maintain substantially gainful employment.

The Veteran's claims for cervical spine and bilateral upper extremity radiculopathy were denied initially in August 2018. The appeal was not properly filed until May 12, 2021, when the Veteran submitted a supplemental claim seeking service connection for these conditions. As such, an earlier effective date is denied.

The Board denied an effective date prior to June 16, 2022, for a 40% rating for lumbosacral strain with degenerative arthritis as the disability did not meet the criteria for a 40% rating before that date.

The Veteran withdrew his appeal for service connection for lumbar degenerative arthritis, and the Board dismissed the appeal.

The Veteran's PTSD is rated at 70 percent since September 24, 2014. The appeal for an earlier effective date and higher rating was denied.

The Veteran's GERD is granted a 10 percent evaluation. The Board has remanded the issue of service connection for a back condition due to insufficient evidence in the April 2021 VA opinion.

The Veteran's degenerative arthritis of the lumbar spine is rated at 40 percent, effective November 1, 2022.,Separate ratings for left and right lower extremity radiculopathy are granted, with specific effective dates.,A higher rating for right lower extremity radiculopathy after January 26, 2018 is denied.

The Veteran's service-connected low back disability is being remanded for a VA examination to assess its current severity.

The Veteran's claim for service connection for a back disorder is denied as there is no evidence of a current disability, and the weight of the evidence does not support a finding that his current condition is related to active service.,Service connection for a bilateral eye disorder is also denied. The Veteran did not provide credible evidence of an in-service injury or disease, and post-service records do not show continuity of symptomatology since service.,The claim for service connection for a neck disorder is remanded as there is insufficient evidence to determine the etiology of the condition.,Service connection for an acquired psychiatric disorder (PTSD) is also remanded. The Veteran's contention that he engaged in substance abuse and other misconduct to cope with mental health symptoms in service must be addressed.

The Veteran's appeals for Parkinson's disease, persistent depressive disorder, neck condition, back condition, left shoulder condition, right shoulder condition, and pes planus have been dismissed.,The Board has remanded the claims of service connection for Meniere's disease as secondary to bilateral hearing loss and compensation under 38 U.S.C. § 1151 for nerve damage with paralysis and loss of sense of taste.

The Veteran's back disability was initially rated at 10 percent prior to March 6, 2021. A 40 percent rating is granted from March 6, 2021.

The Board has remanded the issues of service connection for fatigue, as well as the TDIU claim. The TDIU is granted effective August 13, 2009.

The Board has granted service connection for a lumbar spine disability and a bilateral lower extremity neurological disability, finding that these conditions are secondary to the Veteran's service-connected right knee disability.,Service connection was denied for nephrectomy and renal insufficiency as they are not related to active duty service.

The Board has remanded the Veteran's claims for service connection for back, right knee, and left knee disabilities due to insufficient evidence. The Veteran served as an aerospace ground equipment repairman during his military service.

The Veteran's appeal is remanded to determine if she was eligible for concurrent receipt of military retired pay and VA disability compensation, which would affect the withholding of her VA compensation benefits.

The Board has remanded the Veteran's claims for service connection, disability rating, and TDIU due to insufficient evidence or need for further examination. The issues include an acquired psychiatric disorder, degenerative disc disease of the lumbosacral spine, and hypertension.