Back / lumbar spine decisions — 2022

Service connection for DDD at L2-3 with narrowing and anterior/posterior osteophytes is granted. The claim of entitlement to service connection for a right knee disorder is reopened, and the claim is granted. The claim of entitlement to service connection for bilateral pes planus is also reopened.

The Board has remanded the Veteran's claims for service connection for various spinal and knee disabilities, as well as sleep apnea. Additional medical records are needed to support or refute his claims.

The Veteran's back disability did not meet the criteria for a higher rating prior to June 13, 2014. The Board found that the Veteran's flexion was at least 60 degrees and her combined range of motion was over 120 degrees, which does not meet the requirements for an increased rating.

The Board has decided to remand the case due to failure to substantially comply with previous remand directives and a need for a new medical opinion regarding the etiology of the Veteran's low back disability.

The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation since October 11, 2015.

The Veteran's claims for service connection for right knee degenerative joint disease, lumbar spine degenerative joint disease, diabetes mellitus type II, and a right eye disorder have been denied as new and material evidence has not been received to reopen these claims.,Service connection was denied due to the absence of medical nexus or continuity of symptoms since service.

The Board has remanded the Veteran's claims of service connection for cervical spine, lumbar spine, and left knee disabilities due to a 1978 motor vehicle accident. The AOJ is instructed to obtain any relevant military treatment records from an Army base in Germany where the Veteran was stationed in 1978.

The Veteran's appeals for earlier effective dates and increased ratings have been withdrawn, resulting in the dismissal of all claims.

The Board has granted service connection for low back, left knee, and right knee disabilities as secondary to the Veteran's service-connected bilateral shin splints and left heel spur.,Service connection for sleep apnea is remanded due to inadequate examination.

The Veteran's service-connected disabilities would have precluded him from securing and following a substantially gainful occupation consistent with his education, skills, training, and work history.

The Veteran's lumbar disability was granted an initial rating of 20 percent prior to March 6, 2018. From that date forward, the Veteran is not entitled to a higher rating for his lumbar disability. The Veteran's carpal tunnel syndrome and tinnitus are each assigned their maximum ratings.

The Veteran's left ear hearing loss, OSA, cervical spine degenerative disc disease, anosmia, and synovial cysts of the bilateral ring fingers are all found to have onset during his active duty service.,Service connection is granted for these conditions.

The Veteran's appeal is being remanded due to the need for additional consideration of new evidence, including VA examinations and treatment records.

The Board has granted service connection for right heel spur and lumbar spine degenerative disease, finding that the Veteran's current conditions are related to his military service.

The Veteran's back disability is rated at 40 percent from August 8, 2022. The rating for the period prior to this date remains denied.

The Board found that the withholding of $810.00 for 17 training days in FY 2013 was proper and denied the Veteran's appeal.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation for the appeal period prior to October 22, 2012.

The Veteran's claims for service connection for fatigue, muscle pain, and joint pain have been reopened due to the submission of new evidence. The claim is being remanded for further examination and opinion.,The Veteran's claims for service connection for an acquired psychiatric disorder (including a mood disorder, anxiety, and depression), migraine headaches with vertebrobasilar features, and hypertrophic degenerative disease of the back have been reopened due to the submission of new evidence. The claim is being remanded for further examination and opinion.,The Veteran's claims for service connection for a cognitive disorder and vertigo have been reopened due to the submission of new evidence. The claim is being remanded for further examination and opinion.,The Veteran's claim for service connection for a low back disability has been reopened due to the submission of new evidence. The claim is being remanded for further examination and opinion.,The Veteran's claims for service connection for radiculopathy of the left lower extremity (LLE) and right lower extremity (RLE) have been reopened due to the submission of new evidence. The claim is being remanded for further examination and opinion.

The Board has granted service connection for PTSD and lumbar spine disability, finding that the Veteran's conditions are related to his military service. The issue of an increased rating for left thigh muscle tear is remanded due to overlap with radiculopathy from the lumbar spine disability.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation as he was continually employed full-time, his earnings were above the poverty threshold, and he was not employed in a protected environment.