Back / lumbar spine decisions — 2022

The Board denied service connection for a lumbar spine disability and headaches, finding that the evidence did not support a direct or secondary relationship to service or service-connected conditions.

The Veteran's claims for service connection for bilateral pes planus, cervical spine disability, thoracolumbar spine disability, and psychiatric disorder are denied. The Veteran's claim for nonservice-connected pension is remanded due to pending SSA disability benefits application.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability prior to September 25, 2012, as there was no pending appeal or claim at that time and the evidence did not show the Veteran was unemployable during the year prior to the date of claim.

The Board has remanded the case due to issues with the rating and effective date for the lumbar spine disability.

The Veteran's previously denied claims for cervical spine disability, lumbar spine disability, skin disability, and sleep disorder have been reopened. The appeal of these issues is granted.

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

The Board has remanded the Veteran's claims for service connection and initial rating determinations due to incomplete development. The hearing loss claim is denied, while the remaining issues are remanded.

The Board denied service connection for sleep apnea, low back disability, right upper extremity disability, left upper extremity disability, right lower extremity disability, and left lower extremity disability as there was no evidence linking these conditions to service.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's current lumbosacral strain is related to his in-service fall from a tree. The examiner must consider the Veteran's lay testimony and provide an opinion on the relationship between the service injury and current symptoms.

The Board has remanded the issues of entitlement to an initial rating in excess of 10 percent for a right ankle disability, service connection for a right knee disability, and service connection for a back disability due to new evidence indicating worsening symptoms.

The Veteran's claim for TDIU prior to November 1, 2017 was denied as he had been employed and the evidence did not show that his service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation. The claim for DEA benefits prior to November 1, 2017 was also denied due to lack of employment history provided by the Veteran.

The Board has remanded the Veteran's claims for cervical spine disorder, lumbar spine disorder, left hip disorder, right hip disorder, right knee disorder, and left knee disorder due to inadequate VA examination opinions. The Veteran is requested to provide any additional relevant medical records.

The Board denied service connection for an acquired psychiatric disorder and remanded the issue of service connection for a low back disorder, which is secondary to service-connected bilateral pes planus and gout.

Service connection for hypertension and low back disability has been reopened, with hypertension being granted and low back disability remaining denied.,Service connection for tinnitus was granted.

The Veteran's lower back disability is not service-connected as it did not manifest within one year of separation from active duty and there is no evidence linking the condition to his military service.,The Veteran's acquired psychiatric disorder, claimed as PTSD from in-service MST, was denied due to lack of credible supporting evidence that an in-service stressor occurred.

The Board has granted a total disability rating based on individual unemployability (TDIU) for the Veteran's service-connected disabilities, effective from April 28, 2006.

The Board has remanded the case for additional development due to issues related to rating and service connection for various spinal conditions, including lumbar spine disability, cervical spine disorder, and radiculopathy. The claims are inextricably intertwined with each other.

The Veteran's service-connected disabilities render him unemployable, and entitlement to a TDIU on an extraschedular basis is granted beginning November 12, 2009.

The Board has granted service connection for the Veteran's right shoulder and bicep conditions as secondary to his service-connected right thigh shell fragment wound residuals, but denied service connection for his lumbar spine condition as secondary to his service-connected right thigh condition.

The Veteran's service-connected conditions do not prevent her from obtaining and maintaining substantially gainful employment, as she is already in receipt of a combined 100% rating for the entire period on appeal.