Back / lumbar spine decisions — 2022

The Board has granted service connection for tinnitus on a presumptive basis as a chronic disease, based on the Veteran's in-service exposure to loud noises.,There is insufficient evidence of record to establish a current disability or persistent/recurrent symptoms of a disability resulting in functional impairment affecting the Veteran's earning capacity for a lower back disability. Service connection for this condition is denied.

The appeal for a rating in excess of 20 percent for degenerative joint disease of the lumbar spine is dismissed. A 40 percent rating, but no higher, is granted for left and right lower extremity sciatic radiculopathy.

The Veteran's service-connected spine and lower extremity disabilities necessitate the regular and constant use of assistive devices including a cane, walker, and scooter as his normal modes of locomotion. This meets one of the criteria for eligibility for specially adapted housing.

The Veteran's allergy condition, lumbar disability, bilateral hearing loss, and tinnitus are all found to be related to his service. Service connection is granted for each.

The Veteran's ratings for Degenerative Joint Disease of the Lumbosacral Spine, Left Arm Traumatic Brachial Plexopathy, and Right Lower Extremity Lumbar Radiculopathy were restored. Service connection was also restored for these conditions.

The Veteran's low back disability and bilateral lower extremity sciatic radiculopathy were granted increased ratings of 20% each, effective March 31, 2022. The Veteran's low back disability was rated at 40%, but no higher, prior to March 31, 2022.

The Veteran's sleep apnea is granted as service connected. The ratings for her knee and ankle disabilities are remanded due to inadequate examination findings.

The Board has decided to remand the cases for further development and consideration due to the need for updated VA examinations of the Veteran's lumbar spine and bilateral knee disabilities.

The Board has denied an increased rating for bilateral hearing loss and compensation under 38 U.S.C. § 1151 for a right shoulder condition, but granted service connection for a low back condition. The remaining issues have been remanded.

The Veteran has withdrawn his claims for service connection of seizure disorder, traumatic brain injury, atrial fibrillation, and low back disability. The remaining issues (headache disorder and dementia) are remanded due to the need for additional development.

The Veteran's service-connected cervical strain and lumbar strain have been granted earlier effective dates of July 9, 2010.,Service connection for a left shoulder disability has been granted. The Board finds the evidence is in relative equipoise as to whether the Veteran's current left shoulder rotator cuff issues and degenerative joint disease are due to repetitive-use injuries during active service.,The Veteran's service-connected right hip, right thigh, left ankle, and right ankle disabilities have been remanded for clarification of the July 2021 private opinion regarding obesity as an intermediate step. The examiner must provide a rationale addressing whether the Veteran's service-connected disabilities caused or aggravated his obesity, and if so, whether the obesity was a substantial factor in causing the claimed bilateral ankle, right hip, or right thigh conditions.,The Veteran's service-connected left hand disability has been remanded for an opinion on secondary service connection. The examiner must address both causation and aggravation to be deemed adequate. If aggravation is found, the examiner should attempt to quantify the degree of additional disability resulting from the aggravation.

The Veteran's claims for service connection for an eye disability and a low back disability have been granted.,Service connection has also been granted for the Veteran's low back disability, diagnosed as lumbosacral strain with degenerative arthritis of the spine. The claim for bilateral hearing loss was denied.

The Board has remanded the Veteran's claims for a chronic sleep disorder and hepatitis C due to incomplete service treatment records. The Veteran's back condition claim is denied as there is no evidence of in-service injury or disease related to his current condition.

The Board has remanded the claim for a lumbar spine disability with right lower extremity radiculopathy due to insufficient development and medical opinion regarding service connection.

The Board has remanded the issues of an initial compensable rating for PFB, service connection for a chronic low back disorder, service connection for degenerative joint disease of the left ankle, service connection for chronic cardiovascular disease, and service connection for obstructive sleep apnea (OSA).

The Board has determined that the claims for increased ratings of cervical spine degenerative disc disease and left upper extremity radiculopathy are inextricably intertwined with the claim for increased rating of a cervical spine disability. Therefore, these claims must be remanded to obtain an addendum opinion addressing the severity of the Veteran's service-connected cervical spine disability.

The Veteran is entitled to a TDIU on an extraschedular basis due to his service-connected disabilities, effective June 1, 2011.

The Veteran's right little finger disability is granted service connection as it is presumed to have occurred during his military service. The low back and neck disabilities are denied as there is no evidence they began during or were caused by his military service. The foot disability (pes planus and plantar fasciitis) is also denied, with the examiner concluding it is more likely due to advancing age rather than being aggravated by his service-connected left knee disability.

The Veteran's TDIU claim from October 14, 2009 to March 29, 2010 is moot due to his combined 100% disability rating.,The Veteran's TDIU prior to October 14, 2009 remains on appeal and requires extraschedular consideration.

The Board has remanded the claim for a VA addendum opinion to address the Veteran's contentions regarding his lumbar spine disability and its relationship to his service-connected right hip disabilities.