Back / lumbar spine decisions — 2023

The Board has denied the Veteran's claims for service connection for a cervical spine disability, lower back disability, and hypertension due to lack of evidence linking these conditions to his military service.

The Board has granted service connection for the Veteran's lumbar spine condition, finding that it is at least as likely as not related to his military service.

The Veteran's appeal for an earlier effective date for service connection for depression and sleep disorder is denied. Service connection for COPD, as a presumptive condition under the PACT Act, is granted. The claims for service connection for COPD and low back disorder are remanded.

The Veteran's appeals for a compensable initial rating for right ear hearing loss and service connection for left ear hearing loss have been dismissed due to the Veteran's withdrawal. The Board has also remanded the issues of entitlement to service connection for a thoracolumbar spine condition, bilateral lower extremity recalcitrant sciatica, and migraine headaches.

The Board dismissed the Veteran's appeals for increased ratings of hypothyroidism and GERD, and granted a 40 percent rating for his lumbar spine disability.

The Board has granted service connection for cervical spine, lumbar spine, and lower extremity radiculopathy disabilities based on the Veteran's in-service helicopter crashes. The conditions are presumed to be related to his military service.

The Board has granted service connection for the Veteran's low back and cervical spine conditions on a secondary basis to his service-connected left knee disability. The rating for chondromalacia patella, left knee, status post contusion remains remanded.

The Veteran's lower back disability is granted as service connected.,The Veteran's genitourinary disorder, including kidney stones and benign prostatic hyperplasia with lower urinary tract symptoms, remains under review.

The Veteran's service-connected disabilities prevent him from performing the physical acts required for employment, and therefore compensation for TDIU is granted.

The Veteran's service-connected cervical spine disability is currently rated at 20 percent, and the Board finds that it does not meet the criteria for a higher rating based on limitation of motion or ankylosis.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and medical opinions regarding the etiology of his claimed conditions.

The Veteran's claims for a higher disability rating for his lumbar degenerative disc disease and TDIU are being remanded due to the AOJ not considering all evidence in the entire appeal period.

The Veteran's lumbosacral strain is granted service connection. The cases for left shoulder condition and right shoulder rotator cuff tendonitis are remanded.

The Veteran's lumbar spine disability was not productive of forward flexion to 30 degrees or less, and the Board denied an increased rating.

The Veteran's left knee disability is remanded for a VA examination to assess the current severity and manifestations of his condition.,The Veteran's acquired psychiatric disorder (other specified trauma or stress-related disorder and PTSD) claim is remanded due to insufficient evidence from VA clinicians. A new VA examination and medical opinion are needed.,The Veteran's right knee disability is remanded for a VA examination to determine if it began during service or is related to his service-connected left knee disability.,The Veteran's right hip disability is remanded for a VA examination to determine if it began during service, is related to his in-service fall, or was noted during service with continuity of symptoms since service.,The Veteran's left hip disability is remanded for an addendum opinion from a clinician to determine if the sartorius muscle injury and spurring at the acetabulum are related to his in-service fall.,The Veteran's lumbar spine disability is remanded for a VA examination to determine if it began during service, is related to his service-connected left knee disability or bilateral shin splints, or was noted during service with continuity of symptoms since service.

The Veteran's claims for bilateral knee conditions, and a left ankle condition were granted in full upon remand. The Board finds that additional remands are required due to the need to obtain VA treatment records from after January 2020.

The Board has determined that the VA remand instructions were not followed and thus the claims for service connection are being returned to the AOJ for further action.

The Board dismissed the Veteran's claim for revision of a May 2001 rating decision that assigned a 40 percent rating effective October 27, 2000, for a lumbar spine disability on the basis of clear and unmistakable error (CUE) pursuant to 38 C.F.R. § 3.105 because the May 2001 decision was not final.

The Board has granted service connection for a low back disability, identified as lumbar spine DJD, finding that the Veteran's current condition is related to his in-service injury and credible statements of continuity of symptoms since service.

The Board denied the Veteran's claims for earlier effective dates for service connection of PTSD, TDIU, and DEA benefits. The appeal was dismissed for an earlier effective date claim regarding SMC benefits prior to February 28, 2018.