Back / lumbar spine decisions — 2022

The Board has granted service connection for left ear hearing loss and tinnitus, finding that the Veteran's current conditions are related to in-service noise exposure. Service connection was denied for right ear hearing loss due to lack of evidence showing a current disability.,Service connection was granted for degenerative arthritis of the lumbar spine (IVDS, spinal stenosis), lumbosacral radiculitis of the left and right lower extremities, all secondary to service-connected lumbar spine disability.

The Board remands the claim for service connection for a low back disorder due to the need for further development of evidence, including obtaining medical records and scheduling a VA examination.

The Veteran's combined effects of service-connected PTSD, low back disability, cervical spine disability, right hip disability, and bilateral lower extremity radiculopathy rendered him unable to secure and follow a substantially gainful occupation prior to October 21, 2019.

The Veteran's sleep apnea is granted as secondary to his service-connected bilateral ankle disabilities.,The Veteran's right knee chondromalacia and left knee chondromalacia are both remanded for further evaluation due to the need for a more contemporaneous VA examination addressing their etiology and aggravation by service-connected conditions.

The Board has remanded the cases due to insufficient compliance with previous directives and the need for additional medical opinions. The Veteran's right knee and low back disorders are still in dispute.

The Board has granted service connection for a back disability but remanded the neck disability claim due to insufficient evidence.

The Veteran's lumbar spine disability and bilateral lower extremity radiculopathy were denied ratings in excess of 10 percent prior to February 9, 2019, and in excess of 20 percent thereafter.

The Veteran's lumbosacral strain with degenerative arthritis of the spine and IVDS was rated at 10 percent prior to February 8, 2016. The Board found that a higher rating is not warranted for this period.

The Board has decided to remand the case due to incomplete records and a need for an opinion regarding whether the Veteran's pre-existing low back condition worsened during service.

The Veteran's radiculopathy of the right and left lower extremities is granted on secondary basis to his service-connected thoracolumbar muscle strain.,Initial ratings for radiculopathy of the right and left lower extremities are granted at 10 percent.

The Board has found that the claims for cervical spine, lumbar spine, right arm, left lower extremity (radiculopathy), and right lower extremity (radiulopathy) disabilities are inextricably intertwined with the service connection claims. The Board also finds that the depression claim is impacted by these service connection claims. These issues have been remanded for further development.

The Board dismissed the Veteran's increased rating claims for his lumbosacral strain spondylolisthesis with degenerative arthritis prior to October 2, 2012. The appeal was also dismissed regarding his claims for higher ratings from April 16, 2019.

The Board has decided to remand the Veteran's claims for service connection for a lumbar spine condition and hepatitis C due to the need for VA examinations and additional development of records.

The Veteran's service-connected disabilities have resulted in the need for regular aid and attendance of another person, as well as preventing him from securing or following a substantially gainful occupation. The Board has granted special monthly compensation based on the need for regular aid and attendance and a total disability rating due to individual unemployability.

The Veteran's claim for a compensable rating for his scar was denied, and the claims for service connection of skin disability, back disability, left knee disability, and right knee disability were remanded.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment, and therefore the claim for a total disability evaluation based on individual unemployability (TDIU) is denied.

The Veteran's claim for an earlier effective date for TDIU and DEA was denied. The Board found that the Veteran did not meet the schedular requirements for TDIU prior to June 21, 2011, but his unemployability due to service-connected disabilities is supported by evidence of record. The case is remanded for further consideration.

The Board denied the Veteran's claims for service connection for a back disability and skin disorder of the nose, including as due to herbicide agent exposure.,The evidence did not support a finding that the Veteran's current conditions were related to his active duty service.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine disability and associated lower extremity radiculopathy, as well as a claim of service connection for a sleep disorder. The claims are being remanded to obtain additional evidence and provide further evaluations.

The Board has remanded the claims for increased ratings for lumbar spine strain and right wrist disability due to further development being required.