Back / lumbar spine decisions — 2022

The Board denied the Veteran's claims for service connection for a right shoulder condition and a back condition, finding that there was no evidence of a direct relationship to service or a service-connected disability.

The Board has granted service connection for the Veteran's lower back disability, finding that it is at least as likely as not related to his in-service motor vehicle accident.

The Veteran's request for a temporary total evaluation due to a lumbar spine epidural steroid injection was denied. The claim for service connection of the left shoulder disorder was also denied as there is no credible evidence linking it to his active duty service.

The Veteran's back disability is rated at 40 percent effective December 13, 2011. A rating in excess of 40 percent for the period prior to December 11, 2019, was dismissed. The Veteran's right lower extremity neuropathy has been granted a 20 percent rating since September 24, 2020. Service connection for bilateral pes planus is denied as it did not occur within one year of service. Chronic sinusitis and right ear hearing loss are presumed to be related to military service. The Veteran's left hip, right hip, left knee, right knee, and left ankle disabilities were all denied. Bronchitis was granted effective August 10, 2022 (PACT Act). TDIU is granted effective November 20, 2012.

The Board has remanded the Veteran's claims for left ankle disability and lumbar spine disability due to additional development being needed.,The Board has also remanded the Veteran's claim for neurological disorder (restless leg syndrome) and OSA as secondary to service-connected PTSD with alcohol use disorder, depressive disorder, and unspecified anxiety disorder due to additional development being needed.,,

The Veteran's low back disability is rated at 20 percent since April 9, 2013. The claim for a higher rating is granted.

The Veteran's claim for a higher rating for his back disability was denied as the evidence did not show ankylosis or incapacitating episodes of IVDS having a total duration of at least six weeks during the past 12 months.

The Board has remanded the Veteran's claims for right knee, back, and neurological disabilities due to potential issues with causation or aggravation by a service-connected left knee disability. The case is returned for further development.

The Board has granted service connection for sleep apnea, but denied service connection for right upper extremity radiculopathy and lumbar spine disability prior to the effective date of January 9, 2020.

The Board has remanded the case due to inadequate reasons or bases for denying a higher rating for lumbosacral strain with degenerative joint disease. The Veteran needs another VA examination to assess his current disability level.

The Board has remanded the case for further development regarding the Veteran's claim of special monthly compensation based on the need for aid and attendance due to a back disability. The RO needs to review a December 2022 VA examination report and readjudicate the claim.

The Veteran's sleep apnea is not service-connected as it did not begin during active service and there is no evidence of a nexus to an in-service injury or disease.,Service connection for irritable bowel syndrome (IBS) is granted as the disability was shown as chronic during a presumptive period and is not attributable to intercurrent causes.,The Veteran's hemorrhoids are not service-connected as he has not had them at any time during or approximate to the pendency of the claim.,Service connection for left knee disability, right knee disability, acid reflux disability, low back disability, left hip disability (secondary to a low back disability), and right hip disability (secondary to a low back disability) is remanded as there are inextricably intertwined issues with pes planus that need further clarification.,Service connection for pes planus is remanded as the examiner must provide an opinion on whether it was worsened beyond its natural progression during service.

The Board has remanded the case due to insufficient evidence regarding the Veteran's claimed back disorder, including his in-service injury and post-service medical history.

The Veteran's appeal was dismissed due to his death, and no service connection decision could be made.

The Board has remanded the claims for additional development due to insufficient evidence and need for further examination.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include lumbar spine, cervical spine, nosebleeds, and multiple myeloma disabilities.

The Veteran's claims for increased ratings and an effective date prior to December 7, 2011 were denied. The Board found that the current rating of 40 percent adequately reflected his disability.

The Veteran's service-connected lumbar spondylosis and contact dermatitis with angioedema have been denied as the evidence does not meet the criteria for a higher disability evaluation.,Specifically, the Veteran's lumbar spondylosis has not resulted in unfavorable ankylosis of the entire thoracolumbar spine.

The Board has remanded the case for further development and an addendum opinion regarding the Veteran's right knee condition. The lower back condition issue remains pending.

The Board has granted service connection for right knee strain and lumbar spine strain, finding that the evidence is at least evenly balanced in favor of these conditions having onset during active duty service.