Back / lumbar spine decisions — 2022

The Veteran's claim for service connection for a back disability is granted, as her current degenerative disc disease is at least as likely as not related to her active-duty service.

The Veteran's appeals for service connection for diabetes mellitus, Type II and vertigo have been dismissed.,The appeal seeking an earlier effective date for radiculopathy of the left upper extremity has also been dismissed.,The appeal seeking an earlier effective date for the ascending aortic aneurysm was not granted as there is no evidence showing it occurred prior to May 18, 2015.,The appeals for increased ratings for lumbar spine disability, cervical spine disability, and pes planus have also been dismissed due to lack of evidence showing they occurred within one year before the date of claim.

The Veteran's claims for increased disability rating and TDIU related to his service-connected degenerative disc disease of the lumbar spine are being remanded due to the need for a new VA examination.

The Board has granted service connection for lumbar spondylosis, finding that the Veteran's current disability is causally related to his military service.

The Board has granted the Veteran's claim for service connection for his low back disability, finding that it is at least as likely as not related to his military service.

The Board has decided to remand the case for further development, including obtaining updated VA treatment records and any relevant private medical records. The Veteran's employability due to his service-connected back disability will also be assessed by a clinician.

The reduction in the disability rating for a right shoulder strain and impingement syndrome from 20 percent to 0 percent was not proper, and the Veteran's 20 percent rating is restored. The Board also granted entitlement to total disability based on individual unemployability (TDIU).

The Board denied service connection for a back disability, finding that the Veteran's current back disability did not manifest during active service or within one year of discharge and is not otherwise etiologically related to an in-service injury.

The Board has granted an earlier effective date of November 19, 2008 for the grant of Total Disability Rating Based on Individual Unemployability (TDIU) due to service-connected disabilities including degenerative joint and disk disease of the lumbosacral spine.

The Veteran was granted a TDIU on an extraschedular basis throughout the appeal period prior to December 30, 2019 due to his service-connected radiculopathies of bilateral lower extremities and intervertebral disc syndrome (IVDS) of the lumbar spine. The effective date for Dependents' Education Assistance (DEA) benefits under 38 U.S.C. Chapter 35 was also granted prior to December 30, 2019.

The Board has granted service connection for tinnitus. The claims for increased evaluations of lumbar strain and right knee disabilities, as well as the claim for service connection for migraines, are remanded due to insufficient evidence.

The Board has decided to remand the Veteran's claims for bilateral hearing loss and low back disorder due to additional development being needed.

The Board has determined that the Veteran's current back disabilities, including thoracic spine, cervical spine, and lumbar spine conditions, are not related to service. The evidence does not support a finding of in-service injury or chronic problems.

The Board has remanded the claims for service connection for lower back disability, right foot condition, left foot condition, right knee condition, and left knee condition due to incomplete records. The appellant's complete service treatment records need to be obtained, including any from Fort Chaffee, Arkansas.

The Veteran's appeal is being remanded for further development, including a spine examination to assess the severity of his service-connected lumbosacral strain and intervertebral disc syndrome.

The Board has determined that additional development is needed for the Veteran's claims of service connection for a back condition, an allergic reaction or hives, and bilateral carpal tunnel syndrome. The Veteran will need to undergo further examinations to determine if these conditions are related to his military service.

The Veteran's claims for service connection have been reopened, and the issues of service connection for residuals of a right foot injury and low back disorder are being remanded for further evaluation.

The Veteran's service connection claims for peripheral neuropathy, restless leg syndrome, and lumbar radiculopathy due to herbicide exposure are denied. The Board found no current diagnosis of peripheral neuropathy and concluded that the Veteran did not have a current diagnosis of restless leg syndrome or lumbar radiculopathy.

The Veteran is granted TDIU and SMC at the housebound rate due to service-connected disabilities, effective July 19, 2018.

The Veteran's service-connected degenerative joint disease of the thoracolumbar spine and radiculopathy of the right sciatic nerve have been granted increased ratings.