Back / lumbar spine decisions — 2022

The appeal for a compensable initial rating for bilateral hearing loss is dismissed. An initial rating of 10 percent, but no higher, for old well-healed scar on the left knee is granted. The appeals for service connection for left knee and back disorders are remanded.

The Veteran's onychomycosis was granted service connection. The Board also remanded the issues of left and right foot plantar fasciitis, as well as DDD of the lumbar spine for further development.

The Veteran's claim for an earlier effective date for service connection of lumbar spine degenerative arthritis with intervertebral disc syndrome was granted, and the effective date is set at April 7, 2021.

The Veteran's service-connected disabilities, including bilateral hearing loss, lumbar spine disability, adjustment disorder with mixed anxiety and depressed mood, and tinnitus, prevent him from obtaining or maintaining gainful employment as of August 12, 2021.

The Veteran's claimed conditions, including osteoarthritis and degenerative disc disease of the lumbar spine, left hip pain, right foot pain, left foot pain, and major depressive disorder, were not incurred in or aggravated by service. The Board found that these conditions are not proximately caused by or aggravated beyond their natural progression by a service-connected condition.

The Veteran's service-connected disabilities have resulted in the effective loss or permanent use of his feet, qualifying him for financial assistance to acquire an automobile and adaptive equipment.

The Board has found a duty to assist error regarding the Veteran's lumbar spine disability and has remanded the case for further action.

The Board has remanded the claims for a rating in excess of 20 percent for a lumbar spine disorder, a rating in excess of 30 percent for a right knee disorder prior to November 29, 2017, and a rating in excess of 60 percent for a right knee disorder beginning November 29, 2017. The claims are also remanded for a compensable rating for the Veteran's right knee scar.

The Board has decided to remand the Veteran's claims for a low back disability and bilateral hip disabilities due to insufficient evidence, including missing service treatment records. The case will be reviewed de novo with an orthopedic examination.

The Board has denied service connection for a back disorder, finding that the Veteran does not have evidence of a lower back disorder related to his military service.

The Board has decided to remand the issue of service connection for a lumbar disability due to unclear notification and scheduling issues regarding an examination. The Veteran's testimony indicates he lifted heavy equipment during service, and the examiner will need to provide an opinion on whether his current condition is related to this in-service activity or if it was aggravated by any existing conditions.

The Veteran's service-connected disabilities, including his low back disability and acquired psychiatric condition, have resulted in an inability to secure or follow substantially gainful employment since September 5, 2013. Effective March 15, 2019, the Veteran is individually unemployable due solely to his service-connected acquired psychiatric disability.

The Veteran's thoracolumbar spine disability, not including spina bifida, is granted as service connected.,The Veteran's radiculopathy of the right lower extremity and left lower extremity are both granted as secondary to his service-connected thoracolumbar spine disability.

The Veteran's right little finger strain is granted a noncompensable disability rating.,Service connection for the back disability is granted, with no specific assigned disability rating or effective date provided.

The Veteran's claim for service connection for a cervical spine disability (also claimed as a discogenic cervical and lumbar disease) is being remanded due to the need for an addendum medical opinion regarding the etiology of the condition.

The Board has remanded the Veteran's claims for additional development due to incomplete VA medical opinions and missing treatment records.

The Board has remanded the cases for further development and examination due to incomplete service records regarding dates of Active Duty Reserve (ACDUTRA) and Inactive Duty Reserve (INACDUTRA).

The Board has decided to reopen the Veteran's claim for service connection of a back disability and remanded it for further development. The case is now pending with VA.

The Board has granted reconsideration of the denial for service connection for a lumbar spine disorder and has granted service connection for asthma on a presumptive basis related to Persian Gulf War service. The appeal is remanded for additional VA opinions regarding sleep apnea and the lumbar spine disorder.

The Board denied service connection for a low back disorder, stating that the Veteran's low back disorder was less likely related to his in-service back treatment. The claim of service connection for right ear hearing loss is reopened due to new and material evidence.,Service connection for right ear hearing loss is denied as there is no current diagnosis of tinnitus and the evidence does not indicate a causal relationship between active duty service and the Veteran's current condition.,The Board found that the Veteran did not have current tinnitus, and thus denied service connection for tinnitus. The Veteran also sought service connection for right eye corneal abrasion but was unable to establish a nexus with his military service due to inconsistencies in his statements and clinical evidence.,Service connection for right eye corneal abrasion is denied as there is no indication of a current disability related to the alleged injury during service.