Back / lumbar spine decisions — 2023

The Veteran's low back disability is granted as service-connected.,The Veteran's foot fungus is granted as service-connected.,The Veteran's depression claim is denied.,The Veteran's right knee disability is granted as service-connected.

The Veteran's claim of service connection for ALS has been granted. The claim for service connection for an acquired psychiatric disability and a back disability remains pending.

The Veteran's claims for increased ratings and service connection were denied. The Veteran's muscle injuries are currently rated as 20 percent disabling, but the Board found no evidence of more than moderately severe impairment. Service connection for a low back condition was also denied.

The Veteran's low back disability, manifested by forward flexion limited to 30 degrees or less prior to June 27, 2019, is granted a rating of 40 percent. The Veteran also received entitlement to TDIU.

The Veteran's low back disorder is granted service connection as secondary to her service-connected knee disabilities. Her acquired psychiatric condition is granted a 70 percent evaluation, and her right knee disability is granted a 20 percent evaluation.

The Board has determined that new and relevant evidence has been received regarding the Veteran's claims of service connection for a left foot disability, right foot disability, right knee disability, and low back disability. The claims are being remanded to correct duty to assist errors prior to the December 2019 rating decision.

The Veteran's service-connected disabilities, including degenerative joint disease of the lumbar spine and radiculopathy in his right leg, prevent him from obtaining or maintaining substantially gainful employment. The Board has granted a TDIU on an extraschedular basis.

The Board has determined that a remand is necessary to obtain a medical opinion regarding the etiology of the Veteran's low back disabilities, including whether they are related to his service or secondary to his service-connected left knee condition.

The Veteran's claims for increased ratings and service connection are being remanded due to procedural errors in obtaining necessary evidence.,Additional medical records, including STRs and treatment records from Tampa General Hospital and Texas General Hospital, need to be obtained.

The Board has remanded the claim of service connection for degenerative disc disease of the lumbar spine due to inadequate medical opinion and failure to consider the Veteran's lay statements.

The Veteran's claim for service connection for lumbosacral strain is granted. The Board found that the evidence was approximately evenly balanced as to whether the Veteran's back disability is related to his active duty service.,Service connection for bilateral hearing loss is denied because the Veteran does not have a current bilateral hearing loss disability for VA purposes.

The Board has remanded the claims for service connection for lumbar strain and a left shoulder condition due to procedural errors, including failing to provide an examination with a VA clinician prior to issuing a decision.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions and missing information. The claims are now pending again with new instructions for obtaining more specific medical opinions.

The Veteran's appeal for service connection for CFS has been dismissed. The Board found that the appellant requested withdrawal of his appeal.,PTSD is now rated at 70 percent, effective from October 26, 2021.

The Veteran's appeal is remanded for further examination and evaluation of his service-connected disabilities, including left hip disability, lumbar spine disability, residuals of a hand injury, status-post orbital fracture, and PTSD. The effective date for the establishment of service connection for left hip disability remains June 11, 2018.

The Veteran's left ear hearing loss is being remanded for a VA examination to assess the current disability.,The Veteran's right ear hearing loss is being remanded due to allegations of worsening and lack of recent audiometric testing. Further record development, including private treatment records, is needed.,The Veteran's back condition is being remanded as there are conflicting opinions regarding its onset in service.

The Veteran's service-connected lumbar disability and radiculopathy of the bilateral lower extremities do not preclude her from securing or following a substantially gainful occupation prior to May 20, 2021.

The Veteran's initial ratings for sleep apnea, headaches, left and right lower extremity radiculopathy, CAD, and DDD were denied. The maximum rating of 50 percent was granted for sleep apnea.

The Veteran's appeal is remanded for further evaluation of his service-connected conditions, including bilateral hearing loss and plantar fasciitis. The issues include increased ratings for PTSD, right shoulder impingement syndrome, lumbar strain, right knee patellofemoral syndrome, and left knee patellofemoral syndrome.

The Board has reopened the Veteran's claim for service connection for a lower back disability, but has remanded it due to insufficient medical opinions regarding the etiology and aggravation of his condition.