Back / lumbar spine decisions — 2023

The Board has determined that the Veteran does not have a current diagnosis of pharyngitis and therefore denied service connection for this condition. The remaining issues are remanded due to lack of recent VA examination or opinion.

The Veteran's claim for a higher initial rating for his low back disability, rated as degenerative disc disease, degenerative joint disease, and spinal stenosis of the lumbar spine, was denied. The current rating is 40 percent disabling on and after November 18, 2019.

The Board has found that there have been insufficient opportunities for VA examinations and requires additional examination to determine the current severity of the Veteran's back disability, including any bladder incontinence or left lower extremity radiculopathy. The case is remanded for these purposes.

The Board has determined that more development is necessary before final adjudication of the claims on appeal, including scheduling VA examinations for the Veteran's service-connected major depressive disorder and her claimed low back, bilateral hip, right knee, and seizure disorders.

The Board has determined that additional development is needed for the Veteran's claims of service connection for bilateral shoulder and back disabilities. The claims are being remanded to obtain missing VA records, provide addendum opinions regarding aggravation of the shoulder disability by a spine condition, and consider private chiropractic records related to the Veteran's back.

The Veteran's service-connected disabilities, including degenerative disc disease of the cervical spine and bilateral hearing loss, are rated at least 70 percent combined. The Board has granted a schedular TDIU rating from August 20, 2013, but the issue of an extraschedular TDIU rating is being remanded due to outstanding SSA records. The Veteran's service-connected disabilities preclude him from maintaining substantially gainful employment consistent with his education and work experience.

The Veteran's bilateral hearing loss and tinnitus are denied as there is no evidence of a current disability for VA purposes.,The Veteran's IBS is denied as the record does not show continuity of symptoms since service or a nexus to service.,The Veteran's low back disorder is remanded due to inadequate opinion in the September 2018 VA examination.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no current disability of bilateral hearing loss for VA purposes.,The Veteran's claim for service connection for a left shoulder condition is denied as he does not have a current disability of the left shoulder and has not had one at any time during the pendency of the claim or recent to the filing of the claim.

The Board has determined that the Veteran's lumbosacral strain and spondylolisthesis are related to his active service, granting entitlement to service connection.

The Veteran's TDIU claim is granted effective September 6, 2016.,Service connection for fibromyalgia, low back disability, neck disability, shoulder disability, lung disability to include COPD, and obstructive sleep apnea (OSA) are remanded.

The Veteran's claim for a TDIU is granted with an effective date of July 28, 2011. The criteria for entitlement to a TDIU were met prior to the date of his initial claim.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the veteran's L4-5 and L5-S1 disc herniation and intervertebral disc syndrome with lumbosacral spinal stenosis, specifically whether it is related to his service.

The Veteran's service-connected low back disability was previously rated at 10 percent prior to August 11, 2021. The Board has now remanded the case for further development and rating consideration.

The Board has granted service connection for OSA as aggravated by the Veteran's service-connected insomnia disorder, major depressive disorder, and anxious distress (acquired psychiatric disorders). The claims for neck disability, back disability, and headaches have been denied.

The Veteran has withdrawn his appeals for the claims related to radiculopathy of the upper extremities, ankle sprains, and cervical pain with degenerative arthritis. The Board dismissed these appeals as a result.

The Board has granted service connection for acquired psychiatric disorder (insomnia disorder), lumbosacral strain, left elbow lateral epicondylitis, left wrist degenerative arthritis, rhinitis, sinusitis, tinnitus, leftward septal deviation, nose and neck scars, and urinary disability (manifested by increased frequency).,The Board found the evidence to be approximately evenly balanced as to whether these conditions had their onset during or are related to service.

The Veteran's service-connected disabilities, including lower back disability, radiculopathies, and hearing loss, have rendered him unable to maintain substantially gainful employment since July 28, 2022. The Board has granted TDIU based on the combined effect of these conditions.

The Veteran's claims for an increased rating for his lumbar spine disability and TDIU are being remanded due to the need to obtain SSA records that could help substantiate these claims.

The Board has granted the Veteran's claim for service connection for a low back disorder, finding that his current condition is due to injuries sustained during active duty service and continuing since.

The Veteran's service-connected degenerative arthritis of the lumbar spine, obstructive sleep apnea, and acquired psychiatric disorder have been granted initial disability ratings.,PTSD was denied as there is no current diagnosis.