Back / lumbar spine decisions — 2023

The Veteran's bilateral hearing loss has been rated as noncompensable, and the appeal is denied.,The Veteran's lumbar strain with lumbar muscle spasm requires additional development to determine if there are any functional limitations or flare-ups that affect his ability to work.,Service connection for left lower extremity neuropathy and right lower extremity neuropathy is remanded due to lack of evidence of peripheral neuropathy at the time of examination.,Service connection for dizziness and vertigo (secondary to service-connected traumatic brain injury) is remanded as there was no radiculopathy found during the lumbar spine examination.

The Board has decided that the Veteran's low back and left knee disabilities are not service-connected as secondary to his service-connected bilateral ankle disabilities. The decision is remanded for further examination and opinion.

The Veteran's lumbosacral sprain/strain is currently rated at 10 percent prior to May 2023 and increased to 40 percent thereafter. The Board finds that additional development is needed before the claim can be adjudicated.

The Board has found that a remand is necessary to obtain an addendum medical opinion regarding the Veteran's need for aid and attendance due to his service-connected disabilities.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to obtain or maintain gainful employment, and thus denied his claim for a total disability rating based on individual unemployability.

The Board has denied the Veteran's claim for service connection for a low back disability. The claims for service connection for sleep apnea and migraines are remanded due to potential toxic exposure from burn pits during active duty.

The Veteran's claims for increased ratings for his lumbar spine disability are remanded due to the inadequacy of the August 2018 VA Back Conditions examination.

The Board has remanded the claim for service connection of a low back disability due to insufficient medical opinions and lack of evidence linking the condition to service.

The Veteran's bilateral hearing loss is granted as related to noise exposure during service.,Service connection for hypertension is granted due to the PACT Act, effective from August 10, 2022. The claim for service connection on any other basis is remanded.,The Veteran's lumbar spine disability is remanded for further examination and opinion.

The Board denied the Veteran's claims of service connection for a left knee disability and secondary service connection for a low back disability, finding that there was no evidence of in-service injury or disease related to these conditions.

The Veteran's claim for service connection for a low back disability, osteopenia of the femoral neck of the right hip, and osteopenia of the femoral neck of the left hip has been granted. Other claims remain pending.

The Board has remanded the Veteran's claims for service connection for various disabilities due to incomplete service personnel records and a need for additional examinations.

The Board has decided to remand the cases of service connection for low back, left knee, left hip, and right hip disabilities due to missing VA treatment records from October 2018 to July 2020. These records are necessary to evaluate the probative value of a clinician's opinion.

The Board has remanded the cases for further development to address whether the Veteran's current back and neck disabilities are related to his service, specifically during his eligible period of service.

The Veteran's depression condition is granted a 70 percent rating from September 21, 2007 to October 5, 2016. Ratings for his lumbar condition, right and left lower extremity radiculopathy are all granted at 40 percent throughout the appeal period.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's back disability, which was diagnosed as lumbar strain. The examiner is asked to review the Veteran's service treatment records and provide an opinion on whether his current back condition is related to his active service.

The Veteran's request for a higher rating for her painful scar of the right hip and a 20 percent rating for her right ankle disability are denied. The Board finds that a remand is necessary to determine if the Veteran has a lumbar spine disability due to her service-connected bilateral hip disabilities.

The Veteran's claims for service connection and effective date have been remanded due to the complexity of the medical issues involved.

The Veteran's back disability, right knee disability, and right hip disability are granted as secondary to his service-connected left knee disability.,For the period of appeal prior to July 5, 2019, entitlement to a disability rating in excess of 10 percent for impairment of the left thigh is remanded.

The Veteran's claim for a restoration of the 40% rating for intervertebral disc syndrome (IVDS) effective June 21, 2017 is granted.,The Veteran seeks an earlier effective date for the grant of service connection for degenerative disc disease of the lower back. The Board finds that the criteria are met and grants this claim.,The Veteran also seeks an earlier effective date for the grant of service connection for left lower extremity radiculopathy. The Board finds that the criteria are met and grants this claim.,The Veteran further seeks an earlier effective date for the grant of service connection for right lower extremity radiculopathy. The Board finds that the criteria are met and grants this claim.