Back / lumbar spine decisions — 2023

The Board has remanded the claims for cervical spine disability and lumbar spine disability due to insufficient medical opinions regarding their etiology. The Veteran's service records do not provide clear evidence of in-service injuries or diagnoses, but he reports ongoing symptoms since his military service.

The Board denied service connection for neck and back disabilities, as well as a foot disability. Service connection was granted for sleep apnea secondary to PTSD.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability, right upper arm musculoskeletal disability, and right upper arm neurological disability are being remanded due to the need for further development by the RO.

The Board has remanded the case due to a need for an additional VA medical opinion regarding whether the Veteran met the criteria for a temporary total rating under 38 C.F.R. § 4.30 from April 25, 2017 as a result of March 2017 back surgery.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional examinations and opinions regarding his left knee disability, as well as secondary service connection for right knee, low back, right hip, and left hip disorders.

The Board denied service connection for Erectile Dysfunction (ED) as the evidence did not show a direct relationship to active service, and the VA medical opinions indicated that ED was more likely due to BPH and advancing age.

The Board has found new and relevant evidence to warrant readjudication of the claims for service connection for low back disability, right shoulder osteoarthritis, and left arm neuropathy. The heart disability, GERD, and sleep apnea claims remain denied.

The Board has granted the Veteran's petitions to readjudicate his claims for service connection for psychiatric disability (to include PTSD), type II diabetes mellitus, and back disability based on new evidence. However, service connection is denied for all three conditions.

The Board has determined that new evidence received after the November 2018 denial may be used to readjudicate the claims for service connection for neck, mid-back, and low back disabilities. The claims are being remanded due to a failure to notify the Veteran of scheduled VA examinations.

The Veteran's claim for service connection for a cervical strain is denied as there is no evidence of an in-service injury or disease and the medical opinion does not support a direct relationship to service.,Service connection for spondylosis of the lumbar spine, radiculopathy of the right lower extremity (sciatic nerve), left knee osteoarthritis with osteophyte formation, right knee chondromalacia with degenerative changes, and right hip strain with limitation of extension are all denied as there is no evidence of an in-service injury or disease and the medical opinion does not support a direct relationship to service.

The Veteran's claim for a higher disability evaluation for chronic thoracolumbar strain with discogenic disease, IVDS, and tracheogenic scoliosis is granted. The claims for service connection for GERD and bilateral foot disorder are reopened, and the Veteran is now entitled to service connection for onychomycosis of the feet.

The Board has granted service connection for left knee, right knee, lower back, and tinnitus disabilities. Service connection is denied for bilateral hearing loss.

The Veteran's claims for service connection for lumbosacral strain with thoracic spine strain, right hip strain, and left hip strain are being remanded due to duty-to-assist errors. The claim for obstructive sleep apnea is granted.

The Veteran's appeal of extending the temporary total evaluation for convalescence due to his service-connected lumbar spondylosis, status post discectomy beyond January 1, 2020, and an increased evaluation in excess of 10 percent for this condition since January 1, 2020, is dismissed.

The Veteran's internal hemorrhoids and chronic low back strain have been rated, but the Board has remanded for further evaluation due to additional issues. The Veteran is also seeking service connection for sleep disability and TDIU.

The Board denied the Veteran's claim for service connection of cervical spine degenerative joint disease, finding that there was no credible evidence of an in-service injury and that any current disability is not related to service.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, resulting in the grant of TDIU.

The Board has determined that new and relevant evidence has been submitted to warrant readjudication of the claims for back, sleep, gastrointestinal, and genitourinary disabilities. These issues are being remanded for further examination and opinion.

The Board has denied the Veteran's claims for service connection for a neck disorder and a back disorder, finding that there is no evidence of in-service injury or disease related to these conditions. The weight of the evidence does not support a nexus between current disabilities and active service.

The Veteran's low back disability is rated at 40 percent, effective as of the date of this decision.