Back / lumbar spine decisions — 2022

The Board has dismissed all claims of service connection for various conditions, including right knee osteoarthritis and other musculoskeletal issues, as well as psychiatric disorders. The appeal is dismissed due to the Veteran's death.

The Veteran's whole-body joint pain was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not secondary to service-connected bilateral lower extremity peripheral neuropathy, or otherwise etiologically related to an in-service injury or disease.,The Veteran's bilateral cataracts are not secondary to service-connected type II diabetes mellitus, and are not otherwise related to an in-service injury or disease.,The Veteran's degenerative disc disease and degenerative joint disease of the thoracolumbar spine are not secondary to service-connected type II diabetes mellitus or bilateral lower extremity peripheral neuropathy; was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's hypertension is not secondary to service-connected posttraumatic stress disorder (PTSD) or type II diabetes mellitus, and is not otherwise related to an in-service injury or disease, to include exposure to herbicide agents.

The Board has dismissed the appeals of the Veteran's claims for service connection as they are all related to conditions that have been resolved due to the Veteran's death.

The Veteran's degenerative joint disease of the lumbar spine is currently rated at 20 percent, and no higher rating is warranted as there is no evidence of forward flexion limited to 30 degrees or less, favorable ankylosis, or incapacitating episodes.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for his lumbar spine disability and service connection for sleep apnea due to potential deficiencies in the VA examinations provided.

The Veteran's lumbar strain, right knee disability, left knee disability, right ankle disability, and left ankle disability are all granted. The Veteran is awarded a 40% rating for his lumbar strain for the entire appeal period.

The Board has denied service connection for chronic headaches and remanded the issue of service connection for a low back disability due to in-service mechanical duties.

The Board has granted service connection for a back disorder, finding that the Veteran's in-service fall and recurrent pain since discharge are sufficient to establish service connection.

The Board has denied service connection for cervical spine degenerative disc disease C5-6, right arm numbness and tingling, right shoulder disability, fibromyalgia, left foot condition (other than metatarsalgia and neuroma), and right foot condition (other than second toe fracture) as these conditions were not incurred or aggravated by active service.

The Board has granted service connection for a thoracolumbar spine disability (lumbosacral strain, lumbar DDD, and IVDS) on a direct basis as the Veteran's current diagnoses are at least as likely as not caused by an in-service fall off a Humvee.

The Veteran's claims for service connection have been denied for low back, right hip, left hip, right knee, left knee, bilateral pes planus, and bilateral sinusitis. The Board has also remanded the issues of service connection for a lung disability, psychiatric disability, bilateral hearing loss, and tinnitus.

The Board has remanded the case due to uncertainty regarding whether the Veteran's June 2012 injury during Coast Guard Reserve TDY for training constituted active duty service. The VA examiner will assess if the current low back disability is related to this injury or his verified period of active duty service.

The Board has reopened the Veteran's claims for service connection for a lumbar spine disability and remanded the remaining issues of diabetes mellitus, heart disability, and sleep apnea. The case is being returned to the RO for further development.

The Veteran's claim for a higher disability rating for his service-connected lumbosacral strain with bilateral sacroiliac joint dysfunction is being remanded due to the need for additional development, including obtaining an addendum medical opinion regarding whether he has ankylosis of the lumbar spine.

The Veteran's lumbar strain is currently rated at 20 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Board has remanded the issue of a rating in excess of 10 percent for bilateral hearing loss from January 31, 2012, to June 14, 2018. The Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment effective February 14, 2007.

The Board has granted service connection for a lumbar spine disorder, bilateral lower extremity neuropathies (left and right), and denied service connection for a left ankle disorder.

The appeal to reopen service connection for a back disability is granted. Service connection for Crohn's disease is denied, and the Veteran meets the criteria for nonservice-connected pension based on income and net worth prior to October 1, 2017.

The Board has remanded the Veteran's claim for an increased rating for his service-connected lumbar back disability due to inadequate reasons and bases in the March 2021 decision, as well as the need for a new VA examination.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to new evidence suggesting worsening of his service-connected thoracolumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The Veteran will be scheduled for a VA examination to assess current severity and functional impairment.