Back / lumbar spine decisions — 2023

The Veteran's claim for a higher rating of bilateral pes planus has been granted. The Board also remanded the issues regarding service connection for degenerative disc disease with anterolisthesis, thoracolumbar spine and TDIU due to his low back disability.

The Board has denied the Veteran's claims for service connection for a low back disability and respiratory disabilities, finding that there is insufficient evidence to support these claims. The appeal regarding neurological tics was remanded.,Service connection will be granted if the medical evidence shows a current disability that is related to in-service injury or disease.

The Board has decided to remand the Veteran's claims for service connection and increased rating for various disabilities, including back disability, hip disabilities, nerve disabilities, and knee disabilities. The case is being returned to VA for further development.

The Veteran's claim for service connection for vertigo is denied as he does not have this condition.,Service connection for an acquired psychiatric disorder (PTSD, major depression disorder, anxiety disorder, insomnia) is denied. The Veteran submitted opinions from private doctors stating that he has these conditions, but the Board finds their opinions outweighed by other medical evidence of record and insufficient to establish a current diagnosis.,The Veteran's claim for service connection for hearing loss is denied as there is no in-service noise exposure documented and his STRs do not show any relevant symptoms. The VA examiner found that his diagnosed hearing loss is less likely than not related to service.,Service connection for a back disorder, right hip disorder, left hip disorder, right knee disorder, left knee disorder, right lower extremity nerve disorder, and left lower extremity nerve disorder are denied as the Veteran's STRs do not show any relevant symptoms. The VA examiner found that his diagnosed conditions are less likely than not related to service.,Service connection for a heart disorder (atrial fibrillation, bradycardia) is denied as there is no in-service noise exposure documented and the VA examiners found that his atrial fibrillation is at least as likely as not related to herbicide exposure. The Veteran's STRs show he had a benign heart murmur at entrance to service.,Service connection for bilateral lower extremity edema (right and left) is denied as there is no in-service noise exposure documented and the VA examiners found that his diagnosed conditions are less likely than not related to service.,Service connection for hypertension prior to August 10, 2022 is denied. The Veteran's STRs show he had a benign heart murmur at entrance to service and the VA examiner found that his bradycardia is at least as likely as not related to herbicide exposure.,Service connection for erectile dysfunction prior to August 10, 2022 is denied. There is no in-service noise exposure documented and the Veteran's STRs show he had a benign heart murmur at entrance to service.

The Veteran's service-connected disabilities did not render him unemployable prior to February 13, 2020. The Board found that the evidence does not show he was unable to secure and follow a substantially gainful occupation due to his service-connected conditions.

The Board has reopened the claims for service connection for various conditions, including right knee, left knee, right ankle, left ankle, cervical spine, low back, sleep apnea, and post-concussion syndrome. The appeals are now remanded to further develop evidence related to these claims.

The Board has remanded the claims of service connection and initial compensable rating for allergic rhinitis, back condition, headaches, and mouth condition due to additional evidence being added to the record.

The Veteran's VA disability compensation benefits were restored for 35 days and reimbursed $1,764.00 due to improper withholding of benefits in FY 2012 and 2013.

The Board denied the Veteran's claim for service connection for low back disability, finding that there was no evidence of a current disability in service or within one year after service, and concluding that the condition is not related to any in-service injury or disease.

The Board has remanded the Veteran's claims for a rating in excess of 40 percent for lumbar spine disability, a compensable rating for scars associated with lumbar spine disability, and a TDIU due to service-connected disabilities prior to June 8, 2021. The AOJ must consider new evidence received after the issuance of the June 2019 SOC.

The Veteran's claims for service connection have been remanded due to inadequate VA examinations and the need for further medical opinions regarding the etiology of his claimed conditions.

The Board denied the Veteran's claims for service connection for back and neck disabilities, finding that there was no evidence to support a causal relationship between her current conditions and her active duty service.

The Board has decided to remand the cases for further action due to insufficient assistance in obtaining private treatment records and an inadequate medical opinion.

The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's claimed disabilities and exposure. The Veteran is required to undergo VA examinations to determine if his current conditions are related to his alleged chemical exposures during service.

The Board denied reopening the claim for service connection of a low back disorder, finding no new and material evidence. The claim for prostate cancer due to herbicide exposure is remanded.,New evidence was submitted but did not relate to an unestablished fact necessary to substantiate the underlying claim of entitlement to service connection for a low back disorder.

The Board has remanded the case for further development and an opinion regarding service connection for various conditions, including a back disability, neck disability, hypertension, and an acquired psychiatric disorder.

The Board has granted the Veteran's petition to reopen her claim for service connection for a low back disability and has also granted secondary service connection for lumbar spine disorder due to right knee arthritis and residuals of a right knee injury. The cervical spine disorder is still pending as secondary service connection.

The Veteran's claim for an earlier effective date for SMC based on housebound criteria is denied as he did not meet the required schedular criteria or confinement conditions prior to June 5, 2015.

The Veteran's claims for earlier effective dates for PTSD, IBS, lumbosacral strain, and left cubital tunnel syndrome are denied as the earliest possible effective date allowable by law is May 15, 2018.,The Veteran's claims for increased ratings on multiple service-connected disabilities remain pending.

The Board has decided to remand the cases for further development and opinion regarding whether the Veteran's service-connected diabetes mellitus, type II, and bilateral lower extremity peripheral neuropathy have aggravated his cervical spine, lumbar spine, and right shoulder disabilities.