Back / lumbar spine decisions — 2022

The Board denied the appellant's claims for service connection for a lumbar spine disability and found that his character of discharge from active military service was dishonorable, thus denying VA benefits.

The Board has remanded the appeals for ratings for lumbosacral strain with degenerative disc disease, right lower extremity radiculopathy, and left shoulder impingement syndrome with osteoarthritis due to inadequate examination reports.

The Veteran's petition to reopen the claim of entitlement to service connection for generalized anxiety disorder is granted.,Service connection for left lower extremity lumbar radiculopathy, secondary to service-connected degenerative disc disease, is granted.

The Veteran's asthma was granted service connection as it is presumed related to her in-service exposure to fine particulate matter during the Persian Gulf War.,Service connection for left arm/shoulder disability and bilateral hearing loss were denied due to lack of evidence linking these conditions to service.

The Board has remanded the claims for increased ratings for degenerative joint/disc disease of the lumbar spine and left lower extremity sciatica due to inadequate examination reports. The Veteran's disability must be evaluated retrospectively over the claim period, considering flare-ups and repeated use.

The Veteran's left knee strain is currently rated at 10 percent, effective May 6, 2014. The Board has found that the evidence does not support a higher rating for this condition.,Regarding service connection for a lumbar spine disability and a compensable rating for left knee instability from May 26, 2015, further development is needed as the previous VA opinions did not address whether the Veteran's in-service duties are related to his current disabilities.

The Veteran's service-connected disabilities have rendered him unable to maintain substantially gainful employment, and the Board has granted a TDIU. The claim for an increased rating for PTSD is remanded due to evidence of worsening.

The Veteran's claims for service connection for a Traumatic Brain Injury and an Upper Back Disability have been denied as there is no current diagnosis of these conditions, nor any evidence linking them to his military service.,Service connection was not granted because the medical evidence did not support a link between the claimed disabilities and service.

The Veteran's application to reopen the claim of service connection for a low back disorder was granted. The claims for service connection for right ankle and TDIU were not addressed in this decision.

The Board granted a rating of 40 percent for degenerative lumbar arthritis with degenerative disc disease from August 2, 2016 to October 13, 2019.

The Veteran's service connection claim for bilateral hearing loss is denied. The rating for the back disability was remanded and remains pending.

The Board has decided to remand the claims for service connection for recurrent cervical spine and lumbar spine disabilities due to insufficient evidence in the record.

The Board remanded several claims for further development, including service connection for hearing loss and other disabilities, as well as a claim for nonservice-connected pension benefits.

The Board remands the claims for further evidentiary development and to ensure compliance with prior remand instructions.

The Veteran's bilateral hearing loss is currently rated as noncompensable prior to January 11, 2020 and at most a 10 percent rating thereafter.,The Veteran's IBS does not meet the criteria for a higher than 10 percent rating based on severity of symptoms.

The Veteran's claim for an initial rating in excess of 10 percent for tinnitus is denied.,The Veteran's claim for an effective date earlier than December 30, 2010, for a 10 percent evaluation for lumbosacral strain is dismissed as the appeal represents a freestanding claim and not a request to revise a final decision based on CUE.,The Veteran's claim for an effective date earlier than August 13, 2013, for service connection of radiculopathy of the left lower extremity is denied as the earliest date that it can be factually ascertained that radiculopathy was demonstrated is August 13, 2013.,The Veteran's claim for a 30 percent rating for obstructive sleep apnea (OSA) is remanded as there is no evidence of service connection prior to June 11, 2014.,The Veteran's claim for a 10 percent rating for tinnitus is remanded as there is no evidence of service connection prior to June 11, 2014.,The Veteran's claim for service connection for a hip disability is denied due to lack of current diagnosis.

The Veteran's lumbar spine condition is not related to service, and the Board denied his claim for service connection.

The Veteran's bilateral plantar fasciitis is rated at 30 percent, which is the maximum under Diagnostic Code 5276.,Prior to July 22, 2021, the Veteran's lumbosacral strain was rated at 10 percent and from July 22, 2021, it has been rated at 20 percent.

The Board has remanded the cases for further development due to inadequate opinions regarding service connection for OSA and an increased rating for DDD of the thoracolumbar spine.

The Veteran's claim for an earlier effective date of May 19, 2014 for service connection for degenerative arthritis of the lumbar spine is granted. The Veteran's claim for reopening his previously denied left ear hearing loss and secondary service connection for a left foot disability are both remanded.