Back / lumbar spine decisions — 2022

The Board has determined that the Veteran's low back disability is service-connected, with all doubts resolved in favor of the Veteran.

The Veteran's claims for service connection have been reopened, and the Board has remanded several issues related to his low back pain, neck disability, chest pain, shoulder disabilities, and knee disabilities.

Your appeal has been dismissed because the Veteran died during the pendency of your case. The Board does not have jurisdiction to decide the merits of your claims now.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for his lumbar spine disability, left knee patellofemoral syndrome, right knee patellofemoral syndrome, and limitation of extension. The issues also include seeking compensable ratings for popping and locking of the left knee and limitation of extension of the right knee.

The Board denied service connection for a lumbar spine disability, finding that the Veteran's current condition is not related to his military service and is more likely due to aging and post-service occupation.

The Veteran's initial rating for lumbosacral strain prior to February 14, 2019 was denied as his disability did not meet the criteria for a higher rating. The TDIU issue is remanded.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining missing service treatment records and private medical records.

The Veteran's back disability is granted service connection. The neck, right hip, left ankle, heart, kidney, head trauma, and seizures disabilities are denied as not related to service.

The Veteran's claims for service connection for lumbar disc disease, gastroesophageal reflux disease (GERD), and asthma are being remanded due to new evidence submitted since the last final decision.

The Board has found that the Veteran submitted a timely Notice of Disagreement (NOD) with the June 2018 rating decision, but an SOC has not yet been issued. The case is being remanded to issue an SOC and allow the Veteran to perfect his appeal by submitting a VA Form 9.

The Board has denied the Veteran's claims for service connection for hypertension, a low back disability, and a right knee disability. The evidence does not support a finding that these conditions were incurred in or are related to service.

The Board dismissed the appeals for a rating in excess of 10 percent for degenerative disc disease (DDD) with herniated nucleus pulposus at L4-L5 prior to December 2, 2021, and in excess of 20 percent after that date.

The Veteran's claim for service connection for a back disability has been reopened, but the Board finds that new and material evidence does not establish an in-service injury or disease. The current knee condition is also not related to service.,Service connection for a bilateral knee disability cannot be established as there is no credible evidence of an in-service injury or event leading to current symptoms.,The Veteran's claim for high blood pressure, diabetes mellitus, and heart disease are remanded due to the need to determine if he served within 12 nautical miles from Vietnam shores during his service aboard USS Okinawa. The claims for sleep apnea and an acquired psychiatric disorder (likely depression) also require additional development.,Service connection for a respiratory disorder is remanded as the Veteran needs to confirm his report of exposure to burning feces in service.,The Veteran's bilateral foot disability claim requires further examination to determine if it is related to service.

The Board has decided to remand the case due to inadequate functional impairment opinions provided in a previous VA examination. The Veteran's service-connected intervertebral disc syndrome (IVDS) prior to March 25, 2020, needs further evaluation regarding additional functional loss during flare-ups and repeated use.

The Board has dismissed the issue of whether new and material evidence has been submitted to reopen service connection for a back disorder. The claim of service connection for a mental health disorder is reopened, but both issues are remanded for further development.

The Board has granted service connection for a low back disability and bilateral lower extremity radiculopathy as secondary to the service-connected low back disability, finding that all criteria for service connection have been met.

The Board denied service connection for a lumbar spine disability, finding that the Veteran's current condition did not begin during or is related to his military service.

The Board has granted service connection for low back disability and assigned a 20% rating, effective June 18, 2010. The case is remanded to determine the etiology of the Veteran's current low back disability.

The Veteran's claim for an initial rating greater than 10 percent for acid reflux has been denied.,The appeal of the effective date prior to November 12, 2008 for service connection for IVDS (formerly chronic lumbosacral strain) is dismissed as a matter of law.

The Board has remanded the case due to a need for further VA spine evaluation to determine if the service-connected lumbar spine symptoms, including pain and limitation of motion, prior to October 18, 2016, resulted in the functional equivalent of ankylosis of the spine.