Back / lumbar spine decisions — 2022

The Board has decided to remand the Veteran's claims for a rating in excess of 10 percent for degenerative disc disease (DDD) of the cervical spine and chronic strain of the lumbar spine due to the need for contemporaneous VA examinations.

The Veteran's appeals for increased ratings and service connection have been withdrawn. The Board has found that the Veteran wishes to withdraw his claims for cervical spine condition, psychiatric disability, and lumbar strain.

The Veteran's claim for an earlier effective date of May 29, 2009 for service-connected lumbosacral strain (back condition) is granted. The case is remanded due to the need for a new VA examination to assess the severity and any associated neurologic abnormalities such as urinary incontinence.

The reduction in the rating for cervical spine disorder from 30% to 20% was not proper, and the 30% rating is restored.,Entitlement to a greater than 40% rating for lumbar spine degenerative disc disease with spondylosis is denied.,New and material evidence has been received to reopen a claim of service connection for right knee disorder. Service connection is granted for right knee arthritis status post total knee replacement.

The Board has reopened the Veteran's claims for service connection for back disability and left knee disability, but has remanded both issues due to the need for further medical examination.

The Board has granted service connection for a lumbar spine disability and hypertension (HTN), finding new and material evidence to reopen the claims. The lumbar spine disability is considered directly related to service, while hypertension is found to be secondary to diabetes with obesity as an intermediate step.

The Board has granted service connection for the Veteran's low back disorder, right lower extremity radiculopathy, right shoulder disorder, right rib disorder, and right kidney disorder as secondary to his service-connected left knee disability. A separate 20% rating is also granted for instability of the left knee.

The Board has determined that the Veteran's pre-existing bilateral pes planus was at least as likely as not aggravated during active military service. The claims for service connection for a low back condition and TDIU are being remanded due to insufficient medical opinions.

The Board has granted service connection for right ear hearing loss and remanded the issues of entitlement to a compensable rating for bilateral hearing loss, left and right knee disabilities, low back disability, and right and left wrist disabilities.

The Veteran's application to reopen his claim for service connection of a back disorder was granted. The Board also found that the Veteran is entitled to service connection for a lumbar strain, finding it less likely than not related to service.

The Veteran's bilateral hearing loss is granted as service connected. However, his lumbar spine disability remains at a 20 percent rating and does not warrant an increase.

The Veteran is entitled to a TDIU for the period prior to May 8, 2017 due to his service-connected lumbar spine and psychiatric disabilities preventing him from securing and following substantially gainful employment.

The Board has remanded three issues: service connection for a right leg disability, an initial rating in excess of 10 percent for a lumbar injury with low back pain, and an initial rating in excess of 20 percent for radiculopathy affecting the femoral nerve of the right lower extremity. The Veteran's claims are remanded due to lack of a Statement of the Case (SOC) on service connection for a right leg disability, need for updated VA treatment records, and need for new VA examinations.

The Board has dismissed the Veteran's claims of service connection for cervical spine, lumbar spine, left knee, and right knee disorders due to his death.

The Board has remanded the cases due to failure to report for VA examinations and because SSA records may contain relevant information.

The Veteran's non-hodgkin's lymphoma and low back condition are granted as service connected due to in-service exposure to chemicals, including benzene and TCE.

The Board denied service connection for ddd of the lumbosacral spine, osteoarthritis of the right knee, and osteoarthritis of the left knee due to lack of evidence showing a direct relationship between these conditions and service.

The Veteran withdrew his appeals regarding various disability ratings and compensation claims, including for bilateral pes planus, knee disabilities, low back issues, hypertension, hand disabilities, prostatitis, and inguinal hernia repair. The Board dismissed these appeals as a result.

The Board has granted the Veteran's claim for service connection for a back disability, finding that his symptoms of pain related to a back disability since his separation from service meet the requirements for presumptive service connection under 38 C.F.R. § 3.303(b).

The Veteran's service connection claims for cervical spine arthritis, thoracolumbar spine arthritis, right shoulder arthritis, left shoulder arthritis, right elbow arthritis, left elbow arthritis, right wrist arthritis, left wrist arthritis, right hip arthritis, and left hip arthritis have all been denied.