Back / lumbar spine decisions — 2023

The Veteran's claim for service connection for tinnitus is granted. The Board finds the Veteran's report of noise exposure during service consistent with his DD214, and acknowledges that he has indicated a continuity of symptomatology from service to present. However, the Board also notes that there are no service treatment records documenting any relevant complaints or diagnoses of tinnitus. The Veteran was provided an addendum opinion on remand regarding the etiology of his lumbar spine disability due to carrying heavy protective gear during service.

The Veteran's back condition, which started during service following an injury in 1980, is granted as service connected.

The Board has remanded the claims for an acquired psychiatric disorder, a right hand condition, a low back condition, and a right leg condition due to failure of VA to provide proper notice and examinations.

The Board denied service connection for a back disability as secondary to the service-connected left ankle strain, finding that there was no evidence of causation or aggravation.

The Board has determined that the Veteran's thoracolumbar spine disorder is due to his military service and granted his claim for service connection.

The Veteran's cervical spine disability is currently rated at 20 percent, effective October 1, 2014. The lumbar spine disability has been rated at 20 percent since October 5, 2023. The appeal for higher ratings remains pending.

The Board has remanded the Veteran's claims for chronic cervical strain, lumbosacral strain, and follicular hyperpigmentosis due to additional development being needed. The AOJ is required to obtain VA treatment records, complete a VA Form 21-4142 from the Veteran, and arrange for orthopedic examinations of the Veteran's service-connected disabilities.

The Veteran's diabetes mellitus, right ear hearing loss, and back condition have been granted service connection. The decision is mixed as some issues are granted while others remain pending.

The Veteran's appeal for Total Disability Rating Based on Individual Unemployability (TDIU) has been dismissed. The Board also remanded the cases regarding his right knee, left knee, lumbar strain, and lower extremity radiculopathy disabilities.

The Board has denied service connection for bilateral hearing loss, lumbar spine disorder, and radicular disorder of the bilateral lower extremities (sciatica) as there is no evidence of a current disability or a link to service.

The Board has denied the Veteran's claims for service connection for residuals of a TBI, headache condition, epilepsy, syncope, and lower back condition due to lack of current disabilities.,Service connection must be denied as there is no evidence of current disabilities for which service connection can be granted.

The Veteran's claims for bilateral foot and back disabilities have been reopened. The Board has determined that new and material evidence has been presented to reopen the previously denied claims, but further examination is needed to determine if these conditions are related to service.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's neck and back disorders, which may be related to his military service as a helicopter pilot. The case is being remanded for additional examinations and opinions.

The Veteran's appeals for service connection for right shoulder disability, left knee disability, and right knee disability have been dismissed.,A rating of 10% has been granted for each of the Veteran's shin splints (left and right), effective from the date of decision.

The Veteran's lumbar spine disability is rated at 40 percent since March 21, 2023. The rating will remain denied as the evidence does not show ankylosis or incapacitating episodes of IVDS.

The Veteran's tuberculosis claim is dismissed. Service connection for low back disability, bilateral sciatic and femoral radiculopathies, and right knee disability are granted.

The Board denied the Veteran's request for an earlier effective date of December 30, 2004 for his TDIU due to service-connected disabilities. The Veteran had multiple service-connected conditions including depression, headaches, fibromyalgia, and neck pain that prevented him from securing or maintaining employment.

The Veteran's appeals for increased ratings for bilateral hearing loss, back disability, degenerative arthritis of the left and right ankles, as well as right and left knee disabilities have all been denied. The evidence does not support a compensable evaluation for any of these conditions.

The Board has remanded the cases for further development and an examination to determine if the Veteran's low back disability began during service or is related to his service. The claim for bilateral hearing loss remains pending with new evidence received since previous decisions.

The Board has remanded the cases for further development due to incomplete compliance with previous directives and additional VA examinations are needed.