Back / lumbar spine decisions — 2022

The Board has remanded the case for additional development due to inadequate previous examinations of the Veteran's lumbar spine disability.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the issues on appeal, including obtaining an opinion regarding the relationship between the Veteran's service-connected left ankle condition and her low back, left knee, and left foot conditions.

The Veteran's appeal has been dismissed due to his death prior to a decision being made.

The Board denied the Veteran's claim for service connection for a lumbar spine condition, finding that there was no evidence of an in-service injury or incident that led to his current disability.

The Veteran's back disability is rated at 20 percent prior to January 21, 2020 and granted a 40 percent rating beginning on that date. The Veteran also has separate ratings for radiculopathy of the left and right lower extremities.

The Board has remanded the Veteran's claims for service connection due to incomplete development and need for additional medical opinions.

The Board denied service connection for a lumbar spine disability, finding that the Veteran's current condition did not have its onset during or as a result of his military service.

The Veteran's claims for increased ratings on various service-connected conditions were denied. The rating of 20 percent for painful scars, to include of the breast and torso, was granted from November 1, 2010, to December 19, 2016, but denied thereafter. A compensable rating for residuals of an inguinal hernia was also denied. The Veteran's lumbar spine disability remains at a maximum 40 percent rating. Service connection claims were not granted.

The Board has denied service connection for various conditions, including cardiovascular disease, lumbar spine disability, lung cancer, hypertension, lymphoma, diabetes mellitus, and neuropathy, as the evidence does not support a link to active service.

The Veteran's major depressive disorder with chronic sleep impairment is granted as secondary to his service-connected lower back disability. The issues of increased ratings for hypertension, lumbar spine degenerative disc disease with intervertebral disc syndrome, right and left lower extremity radiculopathy, lower back surgical scars, effective dates for separate compensable ratings for radiculopathy of the left and right lower extremities, tinnitus, and hearing loss are remanded.

The Veteran's service-connected disabilities, other than PTSD, do not preclude her from securing or following a substantially gainful occupation.

The Board has granted service connection for the Veteran's claimed left shoulder strain and impingement syndrome, cervical strain with myositis, lumbar strain with myositis, bilateral iliopsoas tendinitis of the hips, bilateral patellofemoral pain syndrome of the knees, right ankle tendinitis, chronic left ankle sprain, and bilateral lateral epicondylitis of the elbows.

The Veteran's claims for earlier effective dates for lumbosacral strain with degenerative arthritis and tinnitus have been dismissed.,Readjudication of the claims for service connection for headaches, vertigo (dizziness), sleep apnea, and an acquired psychiatric disorder are warranted.

The Veteran's right knee, left shoulder, neck, and lumbar spine disabilities were denied service connection as they are not shown to be related to his military service.

The Veteran's claim for an earlier effective date for lumbosacral strain service connection is denied. The Board also remanded the issue of sleep apnea secondary to PTSD.

The Board has determined that there was a duty to assist error in not obtaining a medical opinion prior to issuing the March 2021 decision on appeal for service connection for the cause of the Veteran's death. The case is being remanded for further development.

The Board has remanded the cases for further examination and rating due to procedural issues.

The Veteran's appeals for increased ratings on multiple service-connected conditions have been dismissed due to his withdrawal of the appeals prior to a decision being made.

The appellant withdrew his appeal regarding the increased rating for his service-connected lumbar disability, and the Board dismissed the case as a result.

The Veteran's service-connected disabilities result in the loss of use of both lower extremities, requiring him to rely on assistive devices for mobility. The Board has granted financial assistance in acquiring specially adapted housing due to his permanent and total service-connected disability.