Back / lumbar spine decisions — 2022

The Board dismissed the claims for revision of the September 1994 rating decisions due to the failure of those decisions to become final, as new and material evidence was submitted within one year of the decision.

The Veteran's tinnitus, right knee disability, and anxiety disorder have been granted service connection. The Veteran's right ear hearing loss, left ear hearing loss, low back disability, and hypertension have not met the criteria for a compensable rating.

The Veteran's claims for earlier effective dates are remanded due to his allegation of clear and unmistakable error (CUE) in a January 1969 rating decision.

The Board has dismissed the appeals for right and left knee disabilities. The thoracolumbar spine and cervical spine disability claims are remanded due to insufficient evidence.

The Board has remanded the Veteran's claims for service connection for lumbosacral strain and left knee strain with patellofemoral pain syndrome due to an inadequate VA examination in December 2019. The appeal is returned to the Board for further development.

The Veteran's appeals for increased disability ratings and special monthly compensation were dismissed due to the death of the appellant.

The Veteran's lumbar degenerative arthritis is granted service connection, and the hearing loss claim remains denied. The TBI residuals claim is remanded for further examination and opinion. Service connection for erectile dysfunction is also remanded due to conflicting opinions. SMC based on loss of use is also remanded.

The Board has restored the Veteran's ratings for degenerative arthritis and strain of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy to their previous levels from August 1, 2020.

The Board has decided to remand the case due to an inadequate VA examination, and a new one needs to be conducted to determine if the Veteran's current lumbar spine disability is related to his service.

The Veteran's bladder cancer is presumed to be related to herbicide exposure during his service in Thailand, and he has a current diagnosis of degenerative arthritis of the lumbosacral spine that is secondary to his service-connected right proximal fibular fracture.,The Veteran's bilateral hearing loss, tinnitus, sleep apnea, GERD, right elbow disability, right shoulder disability, and left shoulder disability are not related to his military service.

The Board has determined that the Veteran's lumbar spine disability may have been aggravated by service, but an adequate VA medical opinion is needed to determine if this aggravation was due to a preexisting condition or occurred during service.

The Board has decided to remand the Veteran's claims for bilateral hearing loss, tinnitus, low back disability, lumbar radiculopathy of the right lower extremity, and lumbar radiculopathy of the left lower extremity as secondary to a low back disability. The AOJ is instructed to obtain any outstanding SSA records and provide an addendum medical opinion regarding the etiology of the Veteran's hearing loss and tinnitus.

The Board has remanded the cases for further development and evaluation due to inconsistencies in medical evidence regarding the Veteran's left shoulder and back disabilities, as well as issues related to TDIU prior to May 31, 2022.

The Veteran's diabetes mellitus is granted on a presumptive basis due to herbicide exposure. The lumbar spine disability is granted at a 40 percent rating effective February 15, 2022.

The Veteran's entitlement to a compensable disability rating prior to February 7, 2019 for his scar of the left ring finger is denied. The Veteran's entitlement to a disability rating in excess of 10 percent from February 7, 2019 for his painful scar of the left ring finger is granted. Service connection for lumbar spine disability secondary to service-connected right ankle disability is granted.

The Board denied service connection for back and neck disabilities, as well as tongue cancer (claimed as throat cancer or larynx cancer), due to Agent Orange exposure. The evidence did not support a finding that these conditions were incurred in service.

The Veteran's lumbar strain is granted an initial disability rating of 20 percent, but not higher.,Prior to April 11, 2019, the Veteran's left lower extremity radiculopathy was granted a disability rating of 20 percent, but no higher. From April 11, 2019 to the present, it is granted at 20 percent.,Prior to April 11, 2019, the Veteran's right lower extremity radiculopathy was granted a disability rating of 20 percent, but no higher. From April 11, 2019 to the present, it is granted at 20 percent.,Service connection for a neuropsychological disability due to contaminated water exposure at Camp Lejeune is denied.,Service connection for tardive dyskinesia due to contaminated water exposure at Camp Lejeune is remanded.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for cervical spine disability prior to June 13, 2013 and entitlement to special monthly compensation at the housebound rate prior to that date due to incomplete records development.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's low back disability and its relationship to his service-connected right knee and/or cervical spine arthritis.

The Veteran's claims for service connection have been granted for tinnitus, migraine headaches, lumbar strain, bilateral lower extremity radiculopathy (both legs), right foot plantar fasciitis, left foot plantar fasciitis, right knee patellofemoral syndrome, left knee patellofemoral syndrome, and chronic left ankle pain. The Veteran's acquired psychiatric disorder (anxiety disorder) is also service connected.