Back / lumbar spine decisions — 2022

The Board has granted service connection for bilateral pes planus and remanded the issue of service connection for a back disability.

The Board has remanded the case due to insufficient medical opinions and unavailable service treatment records. The Veteran's cold injury residuals and lumbar spine disability are being examined by a Vascular Specialist and an Orthopedic Specialist, respectively, while his acquired psychiatric disorder claim is being reviewed by a Psychiatrist or Psychologist.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and opinions.

The Veteran's claims for service connection for a back disorder and memory loss due to an undiagnosed illness have been denied as there is no evidence of a direct relationship between these conditions and his military service.,Specifically, the VA examinations found that the Veteran's current diagnoses do not qualify as 'undiagnosed illnesses' under 38 C.F.R. § 3.317, and the medical opinions provided by VA examiners concluded that the back disorder is more likely due to natural aging processes and occupation-related factors, while the memory loss is less likely related to service in Southwest Asia.

The Board denied the Veteran's claim for an initial rating in excess of 20 percent for his lumbar spine disability with degenerative disc disease and degenerative joint disease, finding that he was adequately compensated by the assigned initial 20 percent evaluation based on limitation of motion.

The Veteran's claim for service connection for a back condition was denied in January 1969 due to the incorrect application of regulations. The Board has now granted an earlier effective date of September 8, 1968, based on new evidence showing degenerative disc disease.

The Veteran's claim for an earlier effective date for a 40 percent disability rating for his low back disability is denied as the original reduction of his disability rating was not appealed within one year, and he did not file a new appeal after the July 18, 2019 increase in rating.

The Board has determined that the Veteran requires regular aid and attendance due to his service-connected disabilities, leading to a grant of special monthly compensation (SMC) based on the need for aid and attendance.

The Board has dismissed the Veteran's claims for service connection of a right knee disability and a lumbar spine disability due to the death of the appellant during the appeal process.

The Veteran's service-connected back conditions have resulted in the loss of use of both lower extremities, necessitating the regular and constant use of a cane for ambulation. The Board granted eligibility for specially adapted housing (SAH) based on this permanent and total disability.

The Veteran's arthritis of the lumbar spine, to include DDD and DJD, is granted as secondary to his service-connected lumbar strain. The Veteran's tenosynovitis of the right wrist and left wrist are also granted as secondary to his service-connected lumbar strain.

The Veteran's appeals for increased ratings and earlier effective dates for various service-connected conditions have been dismissed due to the Veteran's attorney requesting withdrawal of his appeal.

The Board has granted service connection for a low back disability, left lower extremity sciatica, and right lower extremity sciatica. The Veteran's current disabilities are found to be related to his active service.

The Board has withdrawn the claim for service connection for blurry vision and has remanded the claims of service connection for chest pain, cervical spine injury pain, degenerative arthritis of the lumbar spine, and sprained 3rd digit of the right hand.

The Veteran's bilateral hearing loss and other service-connected conditions render him unable to secure or follow a substantially gainful occupation.,The Veteran is currently rated at 30 percent for his combined service-connected disabilities, which includes bilateral hearing loss (20%), tinnitus (10%), osteoarthritis of the left knee (10%), degenerative disc disease of the lumbar spine with limited extension of right knee (10%), limited extension of left and right knees (10% each), and osteoarthritis of the left and right ankles (10%).

The Board has remanded the claims for service connection for sinusitis, pseudofolliculitis barbae, back condition, right knee condition, left knee condition, rhinitis, and bilateral foot pain/condition due to duty to assist errors.

The Veteran's appeal for an increased rating of his lumbar spine disability has been dismissed due to the Veteran's withdrawal request.

The Board has determined that new and relevant evidence was received after the final April 2008 denial, warranting readjudication of the claim for service connection for peripheral neuropathy of the lower extremities. The low back disability is granted as related to parachute jumps in service. Service connection for degenerative joint disease of the right knee is also granted. However, the claims for chronic sinusitis and peripheral neuropathy of the lower extremities are remanded due to a duty to assist error.

The Board has denied the Veteran's claims for service connection for low back pain and hypertension, finding no clear link between these conditions and his military service.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his claimed conditions. The issues include TBI residuals, a headache disability, back disability, left knee disability, and erectile dysfunction.