Back / lumbar spine decisions — 2023

The Board has remanded the claims for service connection for back, right shoulder, left shoulder, right ankle, and left ankle conditions due to a lack of examination related to toxic exposure risk activities (TERA) under the PACT Act and an undiagnosed illness.

The Veteran's claims for bilateral tinnitus, lower back condition, left knee condition, right knee condition, shin splints of the left leg, and shin splints of the right leg have all been denied. The Board found no evidence of a current disability or in-service injury that would support these claims.,There is insufficient evidence to establish service connection for any of the claimed conditions.

The Veteran's claim for a rating in excess of 40 percent for service-connected low back spasms was denied because he failed to report for his scheduled VA examination without providing good cause.

The Board has denied service connection for cervical spondylosis and back disability as the injuries that caused these conditions did not occur during active duty or inactive duty training.

The Board has remanded the claims for service connection for Meniere's Disease, a back condition, and atrial fibrillation due to insufficient evidence.

The Board has denied the Veteran's claims for service connection for back disability, right knee disability, left knee disability, and migraine headaches as there is no evidence linking these conditions to her military service.

The Board dismissed the Veteran's appeals for increased ratings of his lumbar spine disability, radiculopathy of the right and left lower extremities, and TDIU due to service-connected conditions. The Veteran's eye disability was found not to warrant an increase in rating.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's cervical and lumbar spine disabilities are caused or aggravated by his service-connected restrictive lung disease, leading to a grant of service connection for these conditions.

The Board has remanded the claims of service connection for headaches, lumbar spine disability, left shoulder disability, and left knee disability due to duty-to-assist errors.

The Board has determined that new and relevant evidence has been received sufficient to readjudicate the claims for service connection for low back disability, coronary artery disease, and hypertension. The Veteran's inconsistent statements have led to a finding of not being an accurate historian.

The Veteran's claim for an initial rating in excess of 20 percent for lumbar spondylosis is being remanded due to the failure to appear for a VA examination and lack of proper notice.

The Veteran's cervical strain disability is rated at 10 percent, and the lumbosacral strain with sacroiliac injury is also rated at 10 percent. Both conditions are denied for an increased rating.,Both service-connected disabilities have been rated based on their current functional limitations without considering any presumptive exposure or secondary service connection.

The Veteran's claim for special monthly compensation at the housebound rate prior to July 19, 2021 was denied as he did not have a single service-connected disability rated at 100% or a TDIU due solely to a single disability and additional service-connected disability ratable at 60%, separate and distinct from the 100% service-connected disability.

The Board has decided to remand the Veteran's claims for service connection for back, right ankle, left knee, and right knee conditions. The claim for neck condition is also being remanded.

The Veteran's lumbosacral dysfunction, right lower extremity neurological disorder (including peripheral neuropathy and sciatic dysfunction), left lower extremity neurological disorder (including peripheral neuropathy and sciatic dysfunction), and right hip disability are all found to be related to service.

The Board denied the Veteran's claims for service connection for a low back disability and a left great toe disability, finding that there was no credible evidence of a continuity of symptoms from service.

The Veteran's low back disability, bilateral hearing loss, left hand disability (claimed as pain), and right wrist disability are all granted service connection. However, the Veteran's claims for bilateral hearing loss and left hand disability (claimed as pain) were denied due to lack of a current disability.

The Veteran's claims for service connection are remanded due to duty-to-assist errors and the need for a TERA examination.

The Veteran's service-connected degenerative disease of the lumbar spine is now rated at 40 percent, effective June 4, 2019. The rating for right lumbar radiculopathy remains at 10 percent.

The Board has remanded the claims for additional development due to a duty to assist error in providing the Veteran with a VA examination prior to the January 2019 RAMP rating decision.