Back / lumbar spine decisions — 2023

The Veteran's appeal to seek an earlier effective date for the grant of service connection for his back injury with L5-S1 degenerative disc disease was denied because he did not timely file a Notice of Disagreement (NOD).

The Board has decided that the Veteran's claims for service connection of various conditions, including anxiety and PTSD, GERD, hypothyroidism, joint pain, a low back condition, and neck sprain are remanded due to insufficient evidence. The VA will seek verification of the Veteran's in-service stressor events.

The Veteran's claims for service connection for gastritis and low back disability have been readjudicated, with the evidence showing that the conditions are related to his military service. The appeal is granted in these two cases.

The Board has granted an initial rating of 20 percent for lumbosacral strain and service connection for arthritis of the right knee, effective February 22, 2018. The appeal regarding these issues is now resolved in favor of the appellant.

The Veteran's service connection claims for coronary artery disease and diabetes mellitus, type II are granted due to presumed exposure during service in Thailand. The claims for Alzheimer's disease and dementia, right knee ACL tear and meniscus degenerative changes, depression, lumbar spine degenerative changes with lordosis, and right shoulder acromioclavicular joint impingement with mild tendinopathy are denied.,The Veteran was granted presumptive service connection for coronary artery disease and diabetes mellitus, type II under the PACT Act. The claims for Alzheimer's disease and dementia, right knee ACL tear and meniscus degenerative changes, depression, lumbar spine degenerative changes with lordosis, and right shoulder acromioclavicular joint impingement with mild tendinopathy remain denied.

The Board has denied the Veteran's claims of service connection for thoracolumbar and cervical spine disabilities, finding that there is no evidence linking these conditions to his military service.

The Veteran's intervertebral disc degeneration, thoracolumbar, is currently rated at 40 percent and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Veteran's appeal for a higher disability rating for lumbosacral strain has been dismissed because the appellant requested to withdraw his appeal.

The Veteran's service connection claim for degenerative disc disease is granted as the evidence is at least in equipoise that his current condition was incurred during active military service.

The Veteran's appeals for various ratings and effective dates related to his service-connected peripheral neuropathies have been dismissed due to the death of the Veteran.

The Veteran's appeals for service connection for back condition, hearing loss, and tinnitus have been dismissed as the appellant withdrew his appeal.

Service connection for Parkinson's disease is granted as presumptively related to herbicide exposure in Guam.,Service connection for degenerative arthritis of the thoracolumbar spine, secondary to service-connected Parkinson's disease, is granted.

The Veteran's service connection claim for an acquired psychiatric disorder, including adjustment disorder, was granted. The claim for a lumbar spine disability is remanded due to insufficient medical opinion.

The Board has granted service connection for obstructive sleep apnea as being caused by the Veteran's service-connected PTSD and lumbar spine disability.

The Veteran is seeking earlier effective dates for service connection and increased ratings due to CUE in multiple rating decisions. The Board finds that the RO did not address all theories of CUE, specifically regarding receipt of new and relevant service department records submitted by the Veteran in 2018.

The Veteran's lumbar spine disability is granted as service connected.,Service connection for gastroesophageal junction adenocarcinoma (GEJ) related to contaminated water exposure at Camp Lejeune is denied.

The Veteran's service-connected disabilities, including PTSD, right and left knee disorders, lumbar spine disorder, asthma, and fibromyalgia, have rendered him unable to secure or follow a substantially gainful occupation. His TDIU claim is granted.

The Board denied the Veteran's claim for service connection for cervical spine DDD with IVDS, finding that there was no clear and unmistakable evidence of pre-existing disability that was aggravated by military service.

The Board has remanded the case for a VA examination to determine if the Veteran's migraines, low back disability, left knee disability, and bilateral ankle disabilities are related to service exposure to burn pits. The PACT Act requires this examination.

The Board has remanded the claims for an acquired psychiatric disorder, left knee condition, right leg condition, and various radiculopathy conditions due to a failure of the duty to assist in providing adequate VA examinations.,The Veteran's service connection claim for bilateral hearing loss is denied as there is no objective medical evidence demonstrating hearing loss.