Back / lumbar spine decisions — 2022

The Board has remanded the case due to uncertainty about whether the Veteran's current back disability is related to his service, and also because of concerns about a pelvic tilt problem and unequal leg length that may be separate from his current condition.

The Board has remanded the Veteran's claims for type 2 diabetes mellitus, hypertension, arthritis (other than of the back or neck), a neck disability, a low back disability, and a psychiatric disability due to incomplete development and potential errors in medical opinions. The claims will be further developed to include verification of qualifying service periods and comprehensive examinations.

The Veteran's service-connected disabilities, including PTSD, tension headaches, lumbar strain with intervertebral disc syndrome, right lower extremity radiculopathy of the sciatic nerve, right knee strain, and hearing loss, prevent him from securing or following substantially gainful employment.

The Veteran's lumbar spine disability is rated at 20 percent since January 3, 2020. The Board finds that a higher rating is not warranted for any point during the appeal period.

The Veteran's PTSD, rated at 70 percent disabling from October 20, 2015 to November 17, 2016, did not render him unable to secure or maintain any substantially gainful occupation. Beginning November 17, 2016, the Veteran is in receipt of a 100 percent schedular rating for PTSD and TDIU is moot as his PTSD alone prevents him from securing and following any substantially gainful employment.

The Veteran withdrew his appeal regarding the low back disability claim, resulting in its dismissal.

The Veteran's headaches are granted as service connected. The claims for acquired psychiatric disorder, bilateral foot disability, respiratory disorder, sleep disorder, and low back disability are remanded due to the need for additional evidence and examination.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's lower back disability, including his service connection claim.

The Veteran's lumbar spine disability has been rated at 40 percent, but the Board found that it did not meet the criteria for a higher rating due to lack of unfavorable ankylosis.,For his right and left lower extremity radiculopathy prior to March 25, 2019, the Veteran was rated at 10 percent and 20 percent respectively. The Board found that these ratings did not meet the criteria for a higher rating due to the severity of his symptoms.

The Veteran's degenerative disc disease was reduced from a 20% rating to a 10% rating effective December 23, 2019. The RO also increased the disability rating to 40% thereafter. The appeal is granted for restoration of the 20% rating and denied for an increased rating.

The Board has remanded the cases due to insufficient evidence regarding the Veteran's service connection claim for chronic low back strain and TDIU. A new VA examination is needed, along with a review of all relevant records.

The Board has granted service connection for a low back disability, bilateral hearing loss, and tinnitus. The conditions are deemed to have their onset in service.

The Board has granted service connection for the Veteran's thoracolumbar spine disability (DDD) and cervical spine disability (DDJ, DDD), finding that these conditions were incurred in service. The appeal is now resolved.

The Board dismissed all issues related to service connection and new and material evidence claims due to the Veteran's death. The appeal is dismissed without prejudice.

The Board has found that the Veteran does not have a current left ear hearing loss disability for VA purposes. The right ear hearing loss claim is remanded due to incomplete examination and need for an etiological opinion regarding any hearing loss shown during the appeal period.

The Board denied service connection for the Veteran's low back disability, finding that his congenital lumbar levoscoliosis was not aggravated by service and did not have onset during service or within one year of separation.

The Board has decided to remand the claims for service connection for lumbar spine disorder, heart disorder, and renal insufficiency due to inadequate development of evidence.

The Veteran was granted service connection for tinnitus and residuals of a pilonidal cyst, but denied service connection for bilateral hearing loss, diabetes mellitus type II, skin disability other than a pilonidal cyst, and back disability.,Service connection was established for tinnitus due to exposure to noise during service. Residuals of the pilonidal cyst were also granted as it had its onset during service.

The Veteran's cervical spine disability, including subluxation and neck stiffness, is granted on an aggravation basis. Service connection for cervicogenic headaches is also granted. The claims for myalgia and lumbar spine disability are remanded.

The Board has granted service connection for DDD of the cervical spine with congenital stenosis, but has remanded the issues regarding an unspecified anxiety disorder and PTSD.