Back / lumbar spine decisions — 2023

The Board has remanded the claims for service connection for COPD due to insufficient medical opinion regarding its relationship to active service. The other issues remain denied as there is no current diagnosis of a back disability or bilateral foot disability.

The Board has remanded the service connection claims for neck, back, hip, knee, and acquired psychiatric disorders due to incomplete records. The Veteran's STRs do not reflect injuries sustained in November 1996 during a rappelling exercise.

The Veteran's left ear hearing loss is granted service connection, but right ear hearing loss is denied. The Veteran's back and left hip disorders are remanded for additional examination and opinion. The Veteran's intestinal disorder is also remanded.

The Veteran withdrew their appeal for service connection of a back disorder, and the Board has dismissed this issue.

The Board has granted service connection for tinnitus. The remaining issues of service connection for bilateral hearing loss, COPD, low back pain, and lower extremity neuropathy are remanded due to duty-to-assist errors.

The Board has granted earlier effective dates of March 1, 2021 for the awards of a TDIU, establishment of basic eligibility for DEA under 38 U.S.C. chapter 35, and SMC based on housebound status due to service-connected disabilities.

The Veteran's lumbar spine, right shoulder, right knee, and left knee disorders are granted service connection.,Service connection is also granted for the Veteran's cervical spine strain. However, an initial rating in excess of 10 percent is denied.

The Board has remanded the claims for lumbar spine disability, RLE and LLE peripheral nerve disorders, and OSA due to duty-to-assist errors.

The Veteran's appeal was dismissed as the authorized representative requested withdrawal of the appeal prior to a decision being made.

The reduction of the Veteran's DDD thoracic spine rating from 40% to 10%, effective May 17, 2019 was improper. The 40% rating is restored as of that date.

The Board has determined that the Veteran's lumbosacral strain status post laminectomy is at least as likely as not related to his service, including heavy lifting and accompanying back pain during active duty.

The Board has denied service connection for a back disability and a left knee disability, finding that the evidence does not establish a nexus between these conditions and active duty service.

The Board has granted service connection for a mechanical low back disability and an upper back disability, finding that the Veteran's complaints of back pain during service have continued since then.

The Board has granted service connection for the Veteran's left knee disorder and low back disorder, finding that these conditions are related to his active duty service.

The Board has granted service connection for left knee strain. The other issues have been remanded due to the need for additional medical examinations and opinions.

The Veteran's claim for service connection for right ear hearing loss is denied as he does not have a current disability.,For lumbosacral strain, the rating higher than 20 percent is denied. The Veteran has symptoms of pain and limited range of motion but no ankylosis or incapacitating episodes.,PTSD was rated at 30% prior to January 20, 2023, and at 50% thereafter. The claim for a higher rating is denied as the evidence does not show occupational and social impairment with reduced reliability and productivity.,The Veteran's residuals of TBI have been compensated by separate ratings and do not warrant an additional rating.

The Board denied the Veteran's claim for a higher evaluation for his service-connected lumbar spine posterior facet degenerative changes, finding that the evidence did not support an increased rating beyond 20 percent.

The Board denied the Veteran's claims for service connection for low back disability and stomach condition. The Board found no nexus between the current disabilities and active service, with the exception of a negative opinion regarding the stomach condition on secondary basis to migraine headaches and/or low back disability.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's lumbar spine disorder, specifically whether it is related to service.

The Veteran's lumbar DDD with IVDS and left leg radiculopathy are both remanded for further evaluation due to possible worsening of symptoms.