Back / lumbar spine decisions — 2022

The Veteran's lumbar spine disability has been granted an increased rating of 20 percent effective June 7, 2022. Service connection for a lumbar scar is also granted.

The Board has remanded the case for further development, including obtaining medical opinions regarding the onset of lower extremity radiculopathy and service connection for OSA. The initial rating claims are also remanded.

The Board has granted service connection for an anxiety disorder. The claims for lumbar spine disability, hypertension, left knee disability, and sleep apnea are being remanded due to the need for additional development.

The Veteran's initial compensable rating for bilateral hearing loss and increased rating for a back disability prior to May 9, 2022 are denied. The Veteran's back disability is currently rated at 10 percent from the date of service connection.

The Board has granted service connection for the Veteran's lumbar and thoracic spine degenerative joint disease/ arthritis, lumbar spine degenerative disc disease, intervertebral disc syndrome, right upper extremity peripheral neuropathy, and left upper extremity peripheral neuropathy as a Gulf War illness.

The Board has denied the Veteran's claim for service connection for a back disability, finding that there is no nexus between his current arthritis and degenerative disc disease of the spine and any in-service injury or strain. The evidence does not support a finding of continuity of symptoms from service to the present.

The Veteran's claim for a higher rating for his thoracolumbar spine disability was denied. The RO granted a 20 percent rating effective October 7, 2013.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to January 1, 2011.

The Veteran's claim for service connection for degenerative arthritis of the lumbar spine was granted, with presumptive service connection based on a continuity of symptomatology since separation from active duty.

The Veteran's claim for service connection for cancer of the liver and small intestine was reopened due to new and material evidence. The claims for left leg, right leg, and lumbar spine disabilities were denied as there is no evidence linking these conditions to his military service.

The Veteran's service-connected disabilities have not rendered her unable to secure or follow a substantially gainful occupation, and she has been employed with income exceeding the poverty threshold. Therefore, TDIU prior to October 15, 2019 is denied.

The Board has remanded the Veteran's claims for higher initial ratings for left and right lower extremity radiculopathy, as well as a rating in excess of 10 percent for lumbosacral strain with degenerative joint disease. The TDIU claim is also being remanded due to incomplete information regarding the Veteran's earnings history.

The Veteran's hearing loss and tinnitus claims are denied as there is no evidence of a current disability for VA purposes.,Service connection for tinnitus is denied because the Veteran did not have any complaints or treatment related to tinnitus during service, and his current condition is more likely associated with post-service noise exposure.

The Veteran's claims for service connection and increased ratings are being remanded due to the failure to provide VA examinations as requested in the February 2022 Board decision. The examinations were not provided because the Veteran did not show up, and another examination would not change the outcome of the case.

The Board has granted service connection for cervical and thoracolumbar spine disorders, finding that the current conditions are related to in-service injuries.

The Veteran's claim for a higher rating for myofascial pain syndrome of the low back is being remanded due to new evidence indicating worsening symptoms and an EMG test.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for his lumbar spine degenerative disc disease with spondylosis and degenerative joint disease prior to April 29, 2013, and from April 29, 2013. The reasons are due to the need for further development as per previous remand directives.

The Veteran's lumbar spine degenerative disc disease was previously rated as lumbosacral strain. The Board finds that remand is necessary to determine the appropriate disability evaluation for his service-connected lumbar spine disability prior to October 20, 2021.

The Veteran's lumbar, cervical, and lower extremity disabilities are granted as service-connected.,Service connection is also granted for diabetes mellitus, type II, to include as secondary to service-connected disabilities.

The Veteran's appeal for increased ratings for his back condition and bilateral lower extremity radiculopathy is remanded due to the need for additional VA examinations and consideration of outstanding medical records.