Back / lumbar spine decisions — 2023

The Board has decided that the Veteran is entitled to an effective date of April 9, 2019 for TDIU. However, due to a pre-decisional duty to assist error in not referring the claim for extraschedular consideration prior to April 9, 2019, the case is being remanded.

The Board dismissed the Veteran's request to revise a 1985 rating decision denying service connection for a low back condition due to lack of ripeness, as new evidence had been associated with his file in March 2014.

The Board has granted the Veteran's claim of service connection for a lumbar spine disability, finding that his current condition is at least as likely as not related to his active duty service.

The Veteran's appeals for an increased rating for PTSD and service connection for a low back disability have been withdrawn by the Veteran. As a result, these issues are dismissed.

The Veteran's upper back/neck and low back disabilities were denied as they are not related to service.,Service connection for the Veteran's claimed disabilities was denied because there is no evidence of a nexus between his current conditions and his military service.

The Board has granted restoration of a 40 percent rating for the Veteran's lumbar spine disability, effective July 1, 2020. The issue of an increased rating in excess of 40 percent remains on appeal.

The Board has remanded the case due to a duty-to-assist error and will need to obtain a medical opinion regarding whether the Veteran's service-connected conditions contributed to his death.

The Veteran's lumbar strain, left knee strain, and TMJ left side are all found to be at least as likely as not caused by her service. The right knee strain is denied due to lack of contemporaneous documentation. The tension headaches and cervical strain are also found to be related to the Veteran's service.,The Veteran's current diagnoses of lumbar strain, left knee strain, TMJ left side, tension headaches, and cervical strain have been determined to be at least as likely as not caused by her military service.

The Board has granted the Veteran's claim for service connection for a low back condition, finding that it is related to his active duty service.

The Veteran's tinnitus is granted as service-connected.,Bilateral hearing loss does not meet VA criteria for a disability. The claim is denied.,Left knee disorder and right knee disorder are not shown to be related to military service. The claims are denied.,Low back disorder is not shown to be related to military service. The claim is denied.,Sleep apnea is not shown to be related to military service. The claim is denied.

The Board has found that there is not sufficient evidence to support the Veteran's claims for service connection for a low back disability, bilateral hearing loss, and obstructive sleep apnea. The Veteran's current diagnoses are not related to his active duty service.,Regarding arthritis of the left wrist, left knee, and ankles, the Board has found that there is insufficient evidence to determine if these conditions began during service or are otherwise related to an in-service injury.

The Veteran's PTSD is granted as service connected. The Board has also remanded the issues of service connection for lumbar strain and unspecified sleep apnea due to insufficient medical evidence.

The Board has remanded the case due to insufficient development of evidence regarding service connection for a lumbar spine condition, including exposure to Persian Gulf environmental hazards. The Veteran's lay statements and medical records need to be reviewed by a clinician.

The Board has denied the Veteran's claims for service connection for left knee, right knee, low back, and neck conditions. The claim for bilateral plantar fasciitis is remanded.,There was no persuasive evidence to support a relationship between the Veteran's current knee or back conditions and his military service.

The Board has remanded the Veteran's claims for service connection for back and neck disabilities due to inadequate medical opinions. The Veteran contends that his current conditions are related to injuries sustained during active duty, but the VA examiner found no evidence of chronicity or causation.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to missing VA medical records, lack of ankylosis evaluation, and potential unemployability.

The Board has remanded the claims for service connection and TDIU due to joint disease disability, as well as pension benefits prior to March 19, 2021, and special monthly pension. The Veteran's joint disabilities are being examined again to determine their etiology.

The appeal for service connection for right ankle fracture is dismissed as the March 2020 rating decision granted this condition.,Service connection for hypertension has been granted, with evidence showing it began in service and was related to active duty.,Service connection for lumbosacral strain has been granted based on a VA examination's opinion that the Veteran's condition either occurred or is caused by service.,Service connection for tinnitus has been granted due to credible reports of noise exposure during service.

The Veteran's asthma and COPD are presumed to be due to exposure to fine particulate matter in the Persian Gulf War. Service connection for these conditions is granted from August 5, 2021. The low back disability, left shoulder disability, and right shoulder disability remain pending for resolution.

The Board has remanded the Veteran's claims for cervical and lumbar spine disabilities due to inadequate VA examiner medical opinions. The Veteran contends his current conditions are related to military service, but the August 2023 VA examiner did not adequately address whether his strenuous duties in service could have led to his later spinal issues.