Back / lumbar spine decisions — 2022

The Board has remanded the Veteran's claims for an examination to determine if his acquired psychiatric disorder is related to in-service stressors.

The Veteran's right ear hearing loss and tinnitus were not shown to have manifested by any symptomatology during or within one year of separation from active service. The Board denied these claims as the evidence did not support a finding that they are related to service.,For his back disability, skin condition of the feet, and migraine condition, no diagnosed form of arthritis was found within one year of discharge from service. The Veteran's complaints were noted only after 10 years post active service.

The Board granted a 20% rating for lumbar strain from June 30, 2017, finding that the Veteran's disability had worsened to an extent warranting this increased rating. The previous 10% rating was denied as insufficient.

The Board has remanded the claims due to failure to schedule VA examinations and for further development.

The Board denied the Veteran's claim for service connection for his back condition, finding that there was no evidence of a chronic disability in service or within the presumptive period, and concluding that the current back conditions are more likely due to normal aging rather than an in-service injury.

The Veteran's claims for service connection for a lumbosacral spine disorder, bilateral patellofemoral pain syndrome of the knees, and an acquired psychiatric disorder other than PTSD are being remanded due to inadequate analysis regarding the presumption of soundness.

The Board found that the Veteran's March 2017 substantive appeal was untimely, as it was received nearly one year after the April 2016 Statement of the Case and more than 60 days after the April 2016 SOC. The decision denied the appeal due to lack of timely submission.

The Board has determined that the Veteran's degenerative arthritis of the thoracolumbar spine is not related to service and cannot be considered secondary to a service-connected condition. The evidence does not support a finding of direct service connection.

The Board has granted an initial 20 percent evaluation for the Veteran's lumbar spine disability, effective May 4, 2022. The disability picture throughout the appeal period demonstrates a combined range of motion not more than 120 degrees when factoring in functional impairment during repetitive use and flare-ups.

The Board has remanded the claims for chronic fatigue syndrome and a lumbar spine disorder due to conflicting medical opinions and lack of complete record development.

The Veteran's service-connected degenerative disc disease in the lumbar spine and radiculopathies in both lower extremities make him so helpless as to be in need of regular aid and attendance, which is granted.

The Board has remanded the Veteran's claims for a lumbar spine disability, left knee disability, left ankle disability, and obstructive sleep apnea (OSA) due to insufficient medical opinions provided in prior examinations. The case is being returned for further development.

The Board has remanded the Veteran's claims for vasomotor rhinitis and back condition due to exposure to toxic chemicals and ground water contamination. The claims are being reviewed again as there is a need for additional medical opinions.

The Veteran's claims for increased disability ratings and service connection were denied. The Board found that the evidence did not support higher ratings for his back disability or lower left extremity radiculopathy, and remanded some of his claims due to inadequate VA examinations.

The Board has granted service connection for both the Veteran's claimed lumbar spondylosis and left lumbar muscle strain, finding that these conditions are related to his military service.

The Board has found that a VA examination is needed to determine the nature and etiology of the Veteran's back disability, which was previously diagnosed. The appeal will be remanded for this purpose.

The Board has remanded all service connection claims due to incomplete STRs and the need for additional examinations. The Veteran's claims include TBI, PTSD, insomnia, eye disorders, ear disorders, shoulder disabilities, back disability, and neck disability.

The Veteran's low back disability and bilateral lower extremity radiculopathy have been rated, but the issues of service connection for a psychiatric disorder and TDIU are being remanded.

The Board denied the Veteran's claims for service connection for lumbar spine disability and for diabetic neuropathy of his upper and lower extremities as secondary to service-connected diabetes. The Board found no evidence of a chronic disease during or within one year after service, and concluded that any current disabilities are not related to service.

The Veteran is granted an initial 20 percent rating for his lumbar spine disability prior to September 28, 2020. The Board found that the evidence supported a finding of functional loss due to pain and other symptoms, warranting this higher rating.