Back / lumbar spine decisions — 2022

The Board has remanded the Veteran's claims for further development due to new and pertinent medical evidence received after the most recent Supplemental Statement of the Case.

The Veteran's lumbar spine disorder, including IVDS and low back strain, is considered to have been incurred during service.

The Veteran's residuals of a fracture of the right fifth metatarsal were granted an initial 10 percent disability rating. Service connection for lumbar spine, bilateral knee, and bilateral hip disabilities was denied as they were not caused or aggravated by service-connected conditions.

The Board has determined that there have been deficiencies in the VA examinations and remand directives, necessitating further development to determine the severity of the Veteran's service-connected low back condition.

The Board has dismissed the service connection claims for left hip, right hip, and low back disabilities due to the appellant's death.

The Veteran's request to reopen his claim for service connection of degenerative arthritis of the lumbar spine is granted. The Board has determined that a new VA examination and medical opinion are necessary to adjudicate the issue.

The Veteran has withdrawn their appeals for the issues related to service connection and special monthly compensation. The Board dismissed these claims as a result.

The Veteran's claims for increased ratings for her right lower extremity radiculopathy and lumbar spine disability are partially granted. The rating for the right lower extremity radiculopathy remains at 10 percent, while a higher rating is granted for the lumbar spine disability from December 6, 2021 onwards.

The Board has granted service connection for cervical spine disability, lower back disability, and right knee disability (degenerative arthritis) as these conditions are found to be at least as likely as not incurred in or caused by the Veteran's active-duty service.

The Veteran's appeal for an effective date prior to June 1, 2015, for the grant of service connection for bilateral toenail onychomycosis has been withdrawn.,The Veteran's appeals for service connection for a sinus disability, asbestos exposure, tendonitis, respiratory disability, and residuals from burns have all been withdrawn. The effective date for his service connection claims for bilateral pes planus and lumbosacral strain is now set at November 11, 2005.

The Veteran's claims for increased ratings for PTSD, radiculopathy of the right and left lower extremities, and low back disability have all been denied. The Board found that none of these conditions warranted a rating in excess of the current assigned ratings.

Service connection for small fiber sensorimotor neuropathy, thoracolumbar spine disability, degenerative disc disease of the cervical spine, gastroesophageal reflux disease (GERD), and irritable bowel syndrome (IBS) due to Gulf War Hazards has been granted.,The application to reopen the claim for entitlement to service connection for sleep apnea is remanded.

The Veteran's PTSD was granted a 70 percent rating prior to August 18, 2021, and denied any higher ratings. The lumbosacral strain was granted a 20 percent rating before December 7, 2020, and denied any higher ratings after that date. TDIU was granted.

The Veteran's left arm radiculopathy is found to be secondary to her service-connected cervical spine disorder.,Other claims are remanded for further development and consideration.

The Board denied service connection for a back disability and a left knee disability, finding that the current disabilities are not related to service.

The Board denied the Veteran's claims for service connection for lower back, left and right lower extremity neuropathic conditions due to lack of evidence linking these conditions to her military service.

The Board has remanded the claims for service connection due to inadequate opinions regarding the relationship between the Veteran's bilateral knee and lumbar spine disabilities and his service-connected bilateral pes planus. The Veteran is requested to undergo a VA examination to determine if there is any aggravation of these conditions by his service-connected disability.

The Board has dismissed all appeals as the Veteran died during the pendency of these claims.

The Veteran is granted TDIU effective April 7, 2021. Prior to that date, he was employed as a payroll technician and could not continue due to his service-connected disabilities.

The Veteran's TDIU claim is denied because he has a combined rating of 100% for his service-connected disabilities, and the Board finds that awarding a TDIU would result in duplicate counting.