Back / lumbar spine decisions — 2022

The Board has determined that the Veteran's lumbar disability, including degenerative disc disease of the spine, was incurred during service and granted service connection.

The Veteran's PTSD is granted with a staged rating of 50% prior to October 5, 2019 and 70% from that date. The Veteran's Degenerative Lumbar Disc Disease is granted at 70%. GERD remains denied.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations. The initial rating of 10 percent, but no higher, is granted for left lower extremity radiculopathy (sciatic nerve) prior to January 17, 2019. The issues on appeal include increased ratings and TDIU.

The Board denied an initial rating greater than 40 percent for the Veteran's low back disability and also denied a TDIU on an extraschedular basis. The evidence did not support that the service-connected disabilities alone precluded the Veteran from securing and following substantially gainful employment.

The Board denied the Veteran's claim for a TDIU due to service-connected disabilities, finding that his conditions did not preclude him from securing or following substantially gainful employment.

The Board denied service connection for left hip, right hip, and back conditions due to lack of evidence showing a direct link between the conditions and service.,Specifically, the Veteran's current diagnoses were not linked to any in-service injury or event.

The Board has remanded the Veteran's claims for service connection for a back disability and chronic fatigue to include as due to undiagnosed illness. The case will be returned to the RO for further development.

The Veteran's claim for TDIU prior to August 26, 2019 was denied as his service-connected disabilities did not prevent him from securing and maintaining substantially gainful employment.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is secondary to his service-connected PTSD and musculoskeletal disabilities with obesity as an intermediate step. The decision resolves reasonable doubt in favor of the Veteran.

The Board has granted service connection for the Veteran's low back disability, finding that it is related to his military service.

The Board has granted the Veteran's claim for service connection for his back injury, finding that he had a current diagnosis of degenerative disc disease other than intervertebral disc syndrome (IVDS), lumbosacral strain, and IVDS. The opinion of Doctor J.E., who examined the Veteran in August 2020, supported this decision.

The Veteran's cervical spine degenerative disc disease, spondylosis, and degenerative arthritis are found to have originated during active service.

The Veteran's back disability alone supports his TDIU rating and his other disabilities combine to 60 percent or more, thus qualifying him for SMC under 38 U.S.C. § 1114(s)(1).

The Veteran's claims for service connection of left and right ankle conditions, as well as a low back condition and sleep apnea are denied. The claim for the right wrist condition (flexor pollicis tendon repair) is remanded.,There is no evidence of current disabilities in any of the claimed conditions.

The Veteran's appeal is being remanded due to incomplete medical records and the need for additional examinations. The issues of increased disability evaluations, service connection, and TDIU are all related and require further development.

The Board has remanded the Veteran's claims for additional development due to incomplete information and procedural issues.

Service connection is granted for a brain condition (other than already service-connected epilepsy) and reopening of service connection for a low back disability. Other claims are remanded.

The Board has granted service connection for a lower back condition, but denied service connection for lung and tremor conditions.

The Veteran's claims for service connection and increased rating for left leg varicose veins, lumbar spine condition, right hip arthritis, left hip arthritis, cervical spine foraminal stenosis, right upper extremity nerve involvement (claimed as carpal tunnel), left upper extremity nerve involvement (claimed as nerve damage), acid reflux, and sleep apnea are all remanded due to the need for additional examinations and opinions.,The Veteran's lumbar spine condition is remanded because a new VA examination and opinion are needed given her testimony of continued back pain since service. The claim for right hip arthritis and left hip arthritis is also remanded as it involves bilateral hips, necessitating a VA examination and opinion regarding the nature and etiology of these conditions.,The Veteran's cervical spine foraminal stenosis claim is remanded due to its inextricability with her lumbar spine disability. A VA examination and medical nexus opinion are needed for both direct and secondary theories of causation.,The Veteran's claims for right upper extremity nerve involvement (claimed as carpal tunnel) and left upper extremity nerve involvement (claimed as nerve damage) are remanded due to their inextricability with her cervical spine disability. A VA examination and medical nexus opinion regarding the secondary theory of causation is needed.,The Veteran's acid reflux claim is remanded because a VA examination and medical opinion are needed given her service-connected left leg varicose veins and other potential service-connected disabilities, as well as her testimony about obesity being an intermediate step between these conditions and sleep apnea.

The Veteran's initial rating for lumbar degenerative disc disease remains at 20% prior to June 1, 2022. Since then, his rating has been increased to 40%. The Board found that the evidence does not support a higher rating based on limitation of motion or unfavorable ankylosis.