Back / lumbar spine decisions — 2022

The Board found that the Veteran's service-connected disabilities did not preclude all forms of substantially gainful employment prior to April 5, 2012.

The Board has remanded the Veteran's claims for service connection due to insufficient VA examination opinions regarding his claimed disabilities, particularly those related to periods of National Guard and Reserve service.

The Veteran's appeal is being remanded due to the need for further consideration of his TDIU claim based on a single service-connected disability. The Board will refer this matter to the Director of Compensation Service for an extraschedular rating under 38 C.F.R. § 4.16(b).

The Board found that the Veteran's lumbar spine disability had improved under ordinary conditions of life, resulting in a reduction from a 40% rating to a 20% rating effective October 1, 2016.

The Veteran's service-connected disabilities, including degenerative disk disease of the lumbar spine and bilateral lower extremity radiculopathy, have not prevented him from securing or following a substantially gainful occupation prior to March 13, 2017.

The Veteran's claims for increased ratings for his service-connected cervical spine disability and bilateral cubital tunnel syndrome were denied. The right cubital tunnel syndrome was combined with the cervical radiculopathy, resulting in a 40 percent rating since October 14, 2020.

The Board denied service connection for tinnitus and lumbar back disability, finding that the evidence did not support a nexus between these conditions and active service.

The Board has remanded the case for further examination and opinion regarding the Veteran's bone pain disability due to bone density loss, including osteoporosis and osteopenia. The examiner is asked to clarify whether certain diagnoses are related to service and provide an opinion on their etiology.

The Board denied the Veteran's claim for service connection of his lumbar spine disability, finding that it is not etiologically related to an in-service injury and that presumptive service connection does not apply.

The Veteran's claim for service connection for herpes simplex virus is denied as there is no persuasive evidence of an in-service onset.,Service connection for the Pfannenstiel incision (scar) associated with herpes simplex virus is also denied due to lack of a link between the scar and any service-connected disability or disease.,The Veteran's GERD is not rated higher than 10 percent as it does not meet criteria for more severe manifestations such as persistent epigastric distress, pyrosis, substernal pain, or arm/shoulder pain.,For thoracolumbar IVDS with arthritis prior to December 11, 2019, the Veteran's disability is rated at 10 percent due to limitations in range of motion and no additional functional loss during flare-ups.,From December 11, 2019 onwards, the Veteran's thoracolumbar IVDS with arthritis warrants a rating of 40 percent as it results in more severe limitation of motion than before.,Right hip arthritis is rated at 10 percent due to limited range of motion and ability to cross legs. Left hip arthritis is also rated at 10 percent for similar reasons.,Bilateral corneal dystrophy with dry eye syndrome does not warrant a compensable rating as it only results in visual acuity impairment up to 20/40 bilaterally.,Left lower extremity radiculopathy and sensorimotor neuropathy prior to December 11, 2019 is rated at 10 percent due to mild incomplete paralysis. From that date onwards, it warrants a rating of 20 percent for moderate incomplete paralysis.,The Veteran's claims for higher ratings are denied as the evidence does not support additional functional loss or impairment beyond what is already accounted for in her current disability ratings.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for various musculoskeletal and neurological disabilities, including arthritis of the knees, ankles, feet, and low back, as well as headaches and hypertension. The remand requires obtaining medical opinions regarding the etiology of these conditions.

The Veteran's claim for a higher rating of PTSD has been granted, and service connection for throat cancer, tinnitus, thyroid condition, hypertension, back condition, and neck condition have also been granted. The effective date is not specified.

The Board has remanded the claim of service connection for a low back disorder, as secondary to service-connected infectious hepatitis, due to insufficient development.

The Veteran's increased rating claims for his back disability and lower extremity radiculopathies have been denied as the evidence does not show that he meets or nearly meets the criteria for a higher rating under VA regulations.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, except for the period from September 12, 2017 to November 1, 2017. The Board has remanded several issues related to his knee and spine conditions.

The Veteran's service-connected back and neurogenic bladder disabilities did not prevent him from maintaining gainful employment at Ft. Benning, as his earnings were above the poverty threshold and he was not provided accommodation due to a protected environment.

The Board denied service connection for low back disorder, associated lumbar radiculopathy of the LEs, right elbow disorder, and lymphoma due to insufficient evidence linking these conditions to active service.,Service connection was not granted as there is no persuasive medical evidence showing a nexus between any current disabilities and active service.

The Veteran's lumbar spine disability was not found to meet the criteria for a higher rating, as his symptoms did not warrant an increase beyond the current 10% rating.

The Veteran's lumbar spine disorder, right and left lower extremity sciatic nerve radiculopathy, and right and left lower extremity femoral nerve radiculopathy have been granted increased ratings of 40 percent each.

The Board found that the Appellant's bilateral hearing loss is at least as likely as not related to noise exposure in service and granted his claim for service connection. The claims for PTSD, low back disability, and tinnitus were remanded due to insufficient evidence.