Back / lumbar spine decisions — 2022

The Board has granted service connection for degenerative disc disease of the lumbar spine as secondary to service-connected bilateral pes planus.

The Board has remanded the case for a new VA medical opinion to address whether the Veteran's lumbar spine disability is related to service, including an in-service fall and heavy lifting, or secondary to his service-connected bilateral knee disabilities. The issues of direct and secondary service connection will be addressed separately.

The Board has granted service connection for low back disability and right shoulder disability, finding that the Veteran's current disabilities are related to her active duty service. The claim for chest disability is remanded as there is insufficient evidence regarding its onset or relationship to service.,Service connection was established for low back disability and right shoulder disability based on continuity of symptomatology since service.

The Veteran's back disability is rated at 40 percent from May 29, 2021. The ratings for radiculopathy of the right and left lower extremities affecting the sciatic nerve are increased to 20 percent each effective May 29, 2021. Ratings higher than 20 percent for these conditions are denied. Separate ratings of 20 percent are granted for right and left lower extremity radiculopathy with femoral nerve involvement from May 29, 2021. The Veteran's headache disorder is rated at 50 percent effective February 15, 2021.

The Veteran's claims of service connection for low back disability, bilateral hearing loss, and psychiatric disability have been granted. The appeals to reopen these claims are also granted.

The Board has remanded several issues related to the Veteran's service connection claims, including for a respiratory condition, cervical spine disability, lumbar spine degenerative arthritis, lower extremity radiculopathy, right knee osteoarthritis, and left knee disability. Additional records are needed from SSA, VA treatment records, private doctors, and exposure confirmation. A new medical opinion is required to consider the Veteran's reports of continuous symptoms since service and his current disability picture.

The Veteran's claim for service connection for lumbosacral strain, claimed as a back condition to include as secondary to his service-connected right foot and bilateral knee disabilities is granted. The appeal seeking entitlement to a rating in excess of 10 percent for right foot hallux valgus status post bunionectomy is dismissed. The Veteran's claims for initial ratings in excess of 10 percent for plantar calcaneal spur exostosis of the right foot, left knee patellofemoral pain syndrome, and right knee patellofemoral pain syndrome are remanded.

The Veteran's sleep apnea is granted as secondary to his service-connected depressive disorder. His right shoulder injury and low back injury are denied due to lack of evidence linking them to service.

The Board has remanded the Veteran's claims for a low back disability and left ankle disability due to insufficient evidence, including the need for VA examinations.

Service connection granted for degenerative disc disease of the lumbar spine and associated radiculopathy.,Service connection granted for degenerative disc disease of the cervical spine and associated radiculopathy.

The Veteran's service-connected disabilities, including his back and anxiety disorders, have prevented him from securing or following a substantially gainful occupation.

The Board has determined that there is not sufficient evidence to grant service connection for the claimed conditions, and thus remands are ordered for further development.

The Board has granted service connection for recurrent left shoulder injury residuals but has remanded the issue of service connection for a recurrent lumbar spine disability.

The Board has remanded the case due to inadequate compliance with previous remand directives, specifically regarding an independent medical opinion (IMO) that did not consider a key treatment report and the Veteran's contention about VA carelessness.

The Board has remanded the Veteran's claims for service connection for left shoulder and back disabilities due to incomplete or missing service medical records. The Veteran is required to provide alternative sources of evidence, such as military records, statements from service medical personnel, and other relevant documents.

The Board denied the Veteran's claim for service connection for a lumbar spine disorder, finding that there was no evidence of in-service injury or chronicity of care and that arthritis did not manifest within one year of separation from service.

The Veteran's bilateral pes planus was documented at the time of his initial enlistment, and there is no evidence indicating that it underwent an aggravation during service. The Board finds that the condition has not been permanently aggravated beyond its natural progression by his service.,Service connection for a low back disorder is remanded due to the need for clarification on whether the in-service complaint had been considered.,The Veteran's obstructive sleep apnea (OSA) was diagnosed at least several years earlier than during service, and this matter must be remanded for an addendum opinion clarifying that the complete factual record has been considered.,Service connection for a sinus disorder is remanded due to the need for clarification on whether the Veteran had such a condition during the appeal period that resolved prior to the more recent examinations.,The Veteran's allergic rhinitis was not diagnosed at the time of the VA examination, and this matter must be remanded for an addendum opinion clarifying whether he had such a condition during the appeal period.,Service connection for right carpal tunnel syndrome is remanded due to the need for clarification on whether the Veteran's condition is proximately due or aggravated by his service-connected left wrist disability.,The Veteran's acquired psychiatric disorder, to include PTSD, must be remanded due to the need for an appropriate records search and examination regarding a verified in-service stressor.

The Veteran's lumbar spine condition is rated at 40 percent, and his left and right lower extremity radiculopathy are each rated at 20 percent. The Veteran also received a TDIU rating.

The Veteran's claim for increased ratings was denied, except for the left lower extremity radiculopathy of the sciatic nerve which was granted from October 6, 2014 onwards. The low back disability and right lower extremity radiculopathy were not granted higher ratings.

The Board has determined that the appellant's character of discharge from service was a bar to his receipt of VA benefits stemming from such service, other than health care under Chapter 17. The appeal is for treatment purposes only and further action by the AOJ on this issue is warranted.