Back / lumbar spine decisions — 2022

The Board denied service connection for erectile dysfunction, attributing it to non-service-connected causes. It also remanded the issues of right and left ankle disabilities.,Service connection was not granted for right or left ankle disabilities due to lack of evidence showing their onset during active duty.

The Board has granted the Veteran's claim for service connection for an ankle disability. The lung, low back, and foot disabilities are remanded due to inadequate examination reports.

The Veteran's appeals for increased ratings and earlier effective dates have been withdrawn, and the Board has dismissed the remaining claims.

The Board has remanded the case due to insufficient verification of the Appellant's claimed service period from May 1, 1969, through June 24, 1969. The AOJ is instructed to request the Appellant's complete official military personnel file and service treatment records from the Department of the Army Reserve Command and Cadet Command, as well as pay records from the Defense Finance and Accounting Service (DFAS).

The Veteran's cervical and lumbar spine disabilities were found to not meet the criteria for a higher rating, with no functional limitations or incapacitating episodes.

The Veteran's back disorder is rated at 20%, 40%, and 50% for different periods, with the most recent rating of 50% effective January 11, 2011. The Board has remanded several issues including service connection for left lower extremity radiculopathy and urinary incontinence.

The Board has decided to remand the Veteran's claim for service connection of a back disability due to additional development being necessary.

The Board has remanded the Veteran's claims for service connection for esophageal stricture and stenosis, as well as his scoliosis with degenerative disc disease and thoracic and lumbar osteopenia. The case is being returned to the RO for further development.

The Board has found that further development is necessary to determine if the Veteran's claimed conditions are related to her service-connected bilateral knee disabilities, and thus remands all four issues for additional examination and opinion.

The Board has granted service connection for a low back disability and a migraine headache, finding that the Veteran's current conditions are related to his military service.

The Veteran's service-connected disabilities (tinnitus, hearing loss, and lumbar disc disease) have rendered him unable to secure or follow a substantially gainful occupation.

The Board denied service connection for the cause of the Veteran's death, finding that his service-connected disabilities did not contribute to his death and there was no evidence linking his death to his military service or any service-connected conditions.

The Board has determined that there is insufficient evidence to establish a current physical disability related to the Veteran's in-service right side burn. The claims for service connection for an acquired psychiatric disorder (PTSD), low back condition, and tinnitus are remanded due to the need for additional medical examination and opinion.

The Board has granted service connection for a thoracolumbar spine disability, finding that the Veteran's current symptoms are related to an in-service injury and have been continuous since then.

The Board has determined that the Veteran's hemorrhoids are related to his active duty service and granted service connection for this condition. The back and knee conditions have been remanded due to insufficient evidence regarding their etiology.

The Board found that the appellant was not permanently incapable of self-support prior to his 18th birthday, and thus denied recognition as a helpless child.

The Board has denied the Veteran's claims for service connection for degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy. The evidence does not support a finding that these conditions are related to service.

The Board has denied the Veteran's claim for a separate disability rating for radiculopathy of the bilateral lower extremities as an objective neurological abnormality of his service-connected thoracic spine DDD, finding no evidence of diagnosed radiculopathy and that any peripheral neuropathy is not proximately due to or aggravated by his service-connected thoracic spine DDD.

The Board has decided to remand the case due to insufficient information from a previous VA examination, and needs further evaluation of the Veteran's low back disability.

The Veteran's radiculopathy of the right and left lower extremities sciatic nerves, as well as his DJD of the lumbar spine with stenosis of L4-L5, have been granted initial ratings in excess of 20 percent effective October 26, 2021.