Back / lumbar spine decisions — 2022

Service connection for a lumbar spine disorder, bilateral ankle disorder, bilateral foot disorder, and obstructive sleep apnea (OSA) is denied.,The Veteran's claims of service connection for these conditions are all denied as the evidence does not support direct service connection.

The Board has granted service connection for a lower back condition and bilateral knee pain, finding that these conditions began in active-duty service and have continued since.

The Veteran's right knee mild chondromalacia patella and left knee osteoarthritis have been rated as 10 percent each, with no higher ratings granted. The lumbar strain has also been rated at 20 percent.,The Veteran's service connection claims for insomnia (claimed as major depression), erectile dysfunction, and TDIU due to a service-connected disability are all remanded.

The Board dismissed the appeals regarding a higher initial disability rating for the service-connected back scar and an earlier effective date for service connection. The reduction from 40% to 20% in the disability rating for degenerative arthritis of the lumbar spine was found proper based on clear and unmistakable error (CUE) in the January 2016 rating decision.

The Veteran's claim for a disability rating in excess of 10 percent for her lumbar spine disability from May 1, 2010, to February 11, 2020 is being remanded due to the inadequacy of the November 2010 VA examination. A retrospective opinion is needed to assess the severity of her condition during that period.

The Board has decided to remand several issues related to service connection for various conditions, including DJD, back disorder, diabetes mellitus DM, right eye disorder, GI disorder (gastritis), and skin disorder (rash on groin). The AOJ is instructed to complete the additional development directed in previous remands.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current back disorder is related to his in-service motor vehicle accident. The VA examiner needs to provide an addendum opinion considering the Veteran's lay statements and a previous medical opinion.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of a chronic disease in service or continuous symptoms post-service. The Board also found that the current back disability is not related to service.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to January 13, 2021 was denied as her service-connected disabilities did not render her unable to secure or follow substantially gainful employment.

The Veteran's service connection claims for lumbar and cervical spine degenerative joint diseases, a peripheral vestibular condition (lightheadedness and disequilibrium), bilateral hearing loss, and tinnitus have been granted. The appeal regarding service connection for bilateral hearing loss and tinnitus is remanded.

The Veteran is granted an effective date of November 30, 2001 for the award of SMC based on need for regular aid and attendance.,An earlier effective date for the award of a separate disability rating for right foot drop due to sciatic nerve associated with lumbosacral spondylosis is denied.

The Board has determined that the VA opinions are not in compliance with the remand instructions and requires additional medical opinions to address the Veteran's claims for service connection.

The Veteran is granted special monthly compensation based on the need for aid and attendance due to his service-connected stroke residuals. He is also granted financial assistance for automobile or other conveyance and adaptive equipment due to permanent loss of use of the left hand.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not meet the criteria for service connection or an increase in rating for most of his conditions.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment, as his education and occupational experience are sufficient to allow for transferable skills.

The Veteran's claim for service connection for arthritis of the lumbar spine has been reopened and granted. The claim for right hip strain is remanded due to lack of a VA examination.

The Board has remanded the claims for right eye disorder, spine disorder, neurological disorders of upper and lower extremities, hypertension, and erectile dysfunction due to inadequate VA examinations that did not address the Veteran's lay statements and service treatment records.

The Board dismissed all issues related to the Veteran's service-connected conditions due to his death.

The Board has remanded the issues of service connection for bilateral knee disabilities and low back disability due to insufficient medical opinions. The Veteran's representative argued that his orthopedic disabilities were caused by an antalgic gait resulting from his service-connected pes planus, but the VA examiner did not address this theory in their opinion.

The Veteran's claims are being remanded due to the need for additional development and examination of her service-connected conditions. The issues include TDIU, a higher rating for an acquired psychiatric disorder, earlier effective dates for service connection, and various other disabilities.