Back / lumbar spine decisions — 2023

The Board denied service connection for a left knee disability, hemorrhoids (including anal fissures), lumbar spine DJD and DDD, and left lower extremity neuralgia. The decision found that the pre-existing left knee disability did not increase in severity beyond its natural progression during active service, and there was no evidence of hemorrhoids or anal fissures during service.

The Board has remanded the Veteran's claims for esophageal disability and low back disability due to insufficient evidence regarding their onset in service. The AOJ is instructed to obtain additional records, conduct VA examinations by specialists, and provide a new opinion on whether these disabilities are related to service.

Service connection is granted for an acquired psychiatric disorder, including PTSD. The Veteran's current psychiatric disorders are found to be caused by military stressors. Service connection is also granted for plantar fasciitis and OSA, with the latter being secondary to service-connected deviated septum and chronic rhinitis.

The Veteran's sleep apnea is due to his service-connected posttraumatic stress disorder with major depressive disorder (PTSD). The Board finds that the current sleep apnea disability is related to his service-connected PTSD and grants service connection for this condition.

The Veteran's claims for service connection for acquired psychiatric disability, traumatic brain injury (TBI), back condition, and sleep apnea have been denied. The claim for service connection for an acquired psychiatric disability has been reopened due to new evidence.,The Veteran's TBI claim is denied as there is no credible evidence linking his current CVA to in-service head injuries.

The Board has remanded the Veteran's claims for a rating in excess of 40 percent for his back disability, LLE sciatic nerve radiculopathy, and LLE femoral nerve radiculopathy due to insufficient evidence from previous examinations.

The Veteran's claims for service connection for hearing loss, tinnitus, lumbar spondylosis, and PTSD with alcohol use disorder are denied. The claim for an increased initial rating for lumbar spondylosis is granted at a 20 percent rating.

The Veteran's left and right knee osteoarthritis are granted with higher ratings, but his back condition claim is remanded for further examination.

The Veteran's low back and hip/leg disabilities are not service-connected as they were caused by or aggravated by his prostate cancer treatment. The skin cancer residuals are also not service-connected due to herbicide exposure.,The Veteran's bilateral hip and leg disability is not service-connected, but the skin cancer residuals may be service-connected if found to be related to herbicide exposure.

The Veteran's appeal for a higher initial rating for his service-connected low back disability was dismissed because the June 2019 decision that granted a 40 percent rating, effective February 12, 2019, is not an initial decision to which the AMA applies.

The Veteran's service-connected disabilities are as likely as not of such nature and severity as to prevent him from securing or following substantially gainful employment since November 30, 2018.

The Veteran's right first metatarsophalangeal joint osteoarthritis is granted a 20 percent disability rating effective January 1, 2020.,The Veteran's chronic lumbosacral strain with piriformis syndrome and arthritis is granted an increased disability rating to 20 percent.

The Veteran's appeals for service connection for cervical and lumbar spine conditions have been withdrawn by the appellant's representative. As a result, these issues are dismissed.

The Veteran withdrew her appeals for service connection of cervical and lumbar spine conditions, leading to their dismissal.

The Veteran's service-connected disabilities, including PTSD, DJD of the shoulders and knees, DDD of the lumbar spine, and bilateral radiculopathy, have rendered her incapable of providing basic care for herself. The Board has determined that she requires regular aid and attendance due to her physical and mental incapacities.

The Veteran's back disability, sciatica of the right and left lower extremities, and neck disability are all granted as service-connected.

The appeal for service connection for a low back disorder is dismissed.,The appeal for service connection for PTSD is dismissed.,A compensable rating for PTSD from August 21, 2018 to May 2, 2019 is denied.,Service connection for forgetfulness is denied.,Service connection for narcolepsy is denied.,Service connection for a right elbow disorder is denied.,Service connection for a left elbow disorder is denied.,Service connection for a right wrist disorder is denied.,Service connection for a left wrist disorder is denied.,Service connection for a right hip disorder is denied.,Service connection for a left hip disorder is denied.,Service connection for a headache disorder is denied.

The Board denied the Veteran's claim for service connection for degenerative disc disease, lumbar spine with degenerative arthritis, lumbosacral strain, and compression fracture as new and relevant evidence was not received to support his claim.

The Board has granted service connection for lumbar strain, cervical strain, right hip status post arthroplasty, left hip status post arthroplasty, right foot arthritis, hammertoes, flat foot, tailor's bunion, metatarsalgia, and neurological disturbances, as well as bilateral hearing loss. The relationship to service is found in favor of the Veteran.

The Veteran's hepatitis is denied as it was not caused by VA treatment.,The Veteran's low back disability, hypertension, heart disability and residual of stroke disability are all denied due to lack of service connection.