Back / lumbar spine decisions — 2022

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and sinus and/or allergic rhinitis condition due to inadequate prior examinations. The Veteran is seeking service connection on a secondary basis, linking his back disability and sinusitis/rhinitis to his service-connected traumatic brain injury (TBI).

The Board has restored the original ratings of 40% for each condition, effective June 1, 2017.

The Veteran's claims for service connection for various conditions, including tinnitus, chronic fatigue syndrome (CFS), irritable bowel syndrome (IBS), gastroesophageal reflux disease (GERD), left knee condition, back condition, herpes, and scars, have been denied. The Board found that the evidence did not support a finding of current disabilities or a causal relationship to service for these conditions.

The Board has dismissed the appeals for service connection and compensation under 38 U.S.C. § 1151 due to the Veteran's death.

The Board has remanded the claims of service connection for bilateral knee disorder and low back disorder, both claimed as secondary to a service-connected right and left hip disability. The case is being returned to VA for further development.

The Veteran's claim for an effective date prior to April 15, 2014 for the service-connected acquired psychiatric disability is denied.,The Veteran's claims for service connection for a colon cancer disability, lung cancer disability (secondary to colon cancer), and respiratory disability (secondary to colon cancer) are remanded due to insufficient evidence addressing their etiology.,The Veteran's claim for service connection for a lumbar spine disability, sciatic nerve disability, and hepatitis C disability is not addressed in this decision.

The Veteran's service-connected headache disability and other disabilities render him unable to secure or maintain substantially gainful employment, qualifying for a total disability rating based on individual unemployability. Additionally, his single service-connected disability (headache) combined with additional disabilities independently rated at 60% qualify him for special monthly compensation at the housebound rate.

The Board has dismissed the Veteran's claims of service connection for degenerative disc disease, bilateral hearing loss, otitis media, a left ankle disability, sinusitis, and costochondritis as there are no longer justiciable issues due to the grants of service connection in prior rating decisions.

Service connection is granted for cervical spondylosis, stenosis, and degenerative disc disease.,Service connection is granted for tinnitus.

The Board has reopened the previously denied claims of service connection for left hip, right ankle, left ankle, left foot, low back and headache disabilities.,Service connection is granted for all claimed conditions.

The Board has granted service connection for low back disability, bilateral knee disability, left ankle disability, and left ear hearing loss. The Veteran's disabilities are found to be related to his military service.

The Veteran's claims for cramping of the body, chronic pain also claimed as chronic multi symptom illness and sleep disturbances/insomnia are denied as they are considered manifestations of his service-connected fibromyalgia.,The Veteran's lumbar spine degenerative arthritis, left foot plantar fasciitis and right foot plantar fasciitis claims are remanded for further development.

The Veteran's initial rating for hypothyroidism, lumbar spine disability, right knee disability, and left knee disability was denied. The effective dates for service connection were also denied.

The Board denied service connection for a lower back disorder, residuals of cold injuries in the bilateral upper extremities, and residuals of cold injuries in the bilateral lower extremities due to lack of evidence linking these conditions to service.

The Board has remanded the claims for service connection for thoracolumbar spine disorder, left knee disorder, right knee disorder, and piriformis syndrome due to the need for updated VA examinations.

The Board has remanded the claim for further development, including a VA examination. The Veteran's low back disability is currently rated at 20 percent and does not meet or approximate criteria for a higher rating.

The Veteran's service-connected disabilities, including migraine headaches, PTSD, mechanical low back pain, and lumbar radiculopathy, render him unable to secure or follow substantially gainful employment. The Board has granted a total disability evaluation based on individual unemployability (TDIU).

The Board has reopened the Veteran's claim for service connection for back disability, other than lumbosacral strain and claimed as spondylolysis. The claims for bilateral hearing loss, tinnitus, and acquired psychiatric disorder are also remanded due to inadequate examination reports.

The Veteran's TDIU claim is remanded to the Director of Compensation Service for extraschedular consideration due to his service-connected low back and right shoulder disabilities.

The Veteran's thoracolumbar spine disability is not manifested by flexion limited to 30 degrees or less, ankylosis of the spine, intervertebral disc syndrome with incapacitating episodes, or neurological manifestations such as radiculopathy or bladder/bowel problems. As a result, the claim for a higher rating is denied.