Back / lumbar spine decisions — 2022

The Veteran's service-connected disabilities, including TBI with an acquired psychiatric disorder (PTSD, major depressive disorder, and generalized anxiety disorder), right knee instability, left knee instability, right lower extremity radiculopathy, right ankle instability, right ankle degenerative joint disease, left knee degenerative joint disease, lumbar spine degenerative disc disease with left neural foramina stenosis, right knee semilunar cartilage removal residuals, left knee semilunar cartilage removal residuals, appendectomy scar residuals (right arm and face), spider bites residuals (right arm and face), a right knee scar, a left knee scar, and tension headaches, have necessitated the need for regular aid and attendance of another individual. The Board has granted special monthly compensation based on this need.

The Board has dismissed the appeals for service connection of tinnitus, low back disability, and PTSD as the Veteran withdrew his appeal prior to a decision being made.

The Veteran's left shoulder tendonitis, lumbar strain, bilateral wrist strains, right ankle strain, and status post fasciotomy have been granted increased ratings. The service connection for a prescription medication condition, memory loss, hernias, fibromas of the left lower back, and TDIU has been remanded.

The Board has determined that new and relevant evidence has not been received to support the Veteran's claims for service connection for various conditions, including a heart disorder, hypertension, low back disorder, radiculopathy of the lower extremities, peripheral neuropathy, right and left knee disorders, and bilateral foot disorder. As such, these claims are denied.

The Board has granted the reopening of claims for service connection for back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy due to new and relevant evidence submitted by the Veteran. The claims are now remanded for further action.

The Veteran's appeal for an initial rating in excess of 50 percent for PTSD was denied. The Board also remanded the claims for service connection for OSA and a back disability due to duty-to-assist errors.

The Board has determined that new and relevant evidence has been received to readjudicate the claims for service connection for a back disability and a nasal disability. The claims are being remanded for further development, including obtaining additional medical opinions regarding the etiology of these disabilities.

The Board has granted service connection for the Veteran's back condition as secondary to his service-connected right ankle condition, finding that the evidence supports a nexus between the two conditions.

The Board has remanded the Veteran's claims of service connection for left shoulder and back disabilities due to inadequate etiology opinions. The appeal is now in Remand status, and the RO should obtain new pertinent evidence and schedule a VA examination.

The Board denied service connection for low back, right hip, and left hip disabilities due to a lack of competent medical evidence linking these conditions to active service or any service-connected disability.,The December 2019 VA examiner found no evidence that the Veteran's current hip disabilities were caused by or aggravated by his military service.

The Board has remanded the Veteran's claims for an increased rating for cervical spine degenerative disc/joint disease and TDIU based on a single service-connected disability for purposes of special monthly compensation (SMC) pursuant to 38 U.S.C. § 1114(s).

The Veteran's claim for a disability rating in excess of 10 percent for service-connected chronic lumbar strain prior to December 10, 2019 is being remanded due to the lack of sufficient information regarding when the symptoms first manifested and the need for a retrospective VA medical opinion.

The Board denied service connection for a thoracic spine disability, lumbar spine disability, left knee disability, and right knee disability due to the lack of evidence showing a current disability related to service.

The Veteran's essential tremor, claimed as a nervous disorder (hand twitching), is found to have its onset during his military service and granted service connection. The claims for low back strain, right knee disorder, left knee disorder, and chronic headaches are remanded due to the need for additional medical opinions.

The Veteran's petitions to reopen claims for right knee, left knee, right ankle, and left ankle disabilities, as well as neuropathy have been granted.,Service connection has also been granted for persistent depressive disorder, other specified stressor disorder, and alcohol use disorder.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of an in-service injury or aggravation and insufficient evidence to support secondary service connection due to his right knee osteoarthritis.

The Veteran's claim for service connection for a low back condition was denied due to lack of current evidence. The appeal is denied. The claims for initial and compensable ratings for right hip strain (extension) and flexion are remanded.

The Veteran's lumbar spine degenerative disc disease and recurrent cervical strain have been granted service connection, with a rating of 40% for the lumbar disability and denied for a higher rating for the cervical disability. The Veteran has also been awarded Total Disability Rating due to Individual Unemployability (TDIU) effective November 4, 2014.

The Board denied service connection for a lumbar spine disability and peripheral neuropathy of the bilateral lower extremities. Service connection was granted for fibromyalgia secondary to PTSD, but remanded for further development regarding this condition.,Service connection was not established for the Veteran's claimed conditions due to insufficient evidence linking them to his military service.

The Board has remanded the Veteran's claims for additional examinations and opinions to determine the severity of his service-connected back and neck disabilities, including whether there is evidence of functional ankylosis during flare-ups.