Back / lumbar spine decisions — 2023

The Veteran's claim for TDIU and basic eligibility to Dependents' Educational Assistance (DEA) based on permanent and total disability was granted with an effective date of June 16, 2006.

The Board has decided to remand the claims for service connection for a low back disability and left foot disability due to potential issues with causation or aggravation by service-connected conditions, as well as skin and scar increased rating claims.

The Veteran's claims for increased ratings and earlier effective dates are being remanded due to the need for updated VA examinations.

The Board has remanded the claims for service connection due to inadequate medical opinions and failure to comply with prior remand directives.

The claim to reopen service connection for a low back disability based on the receipt of new and material evidence is granted. The claim for service connection for a low back disability, to include as secondary to service-connected disability is remanded.

The Board has remanded the case due to insufficient evidence regarding the Veteran's current back disorder and its relationship to his military service. The AOJ is instructed to obtain treatment records, conduct a VA examination, and provide an opinion on the nature and etiology of any diagnosed back condition.

The Veteran's TDIU claim is denied as his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's claim for service connection for a back disability has been reopened and remanded.,The Veteran's claims for service connection for an acquired psychiatric disorder, hypertension, diabetes mellitus, and respiratory disorder have also been reopened and remanded.

The Board has decided that the Veteran's claims for increased ratings for joint pain due to undiagnosed illness and lumbar spine degenerative arthritis should be remanded for additional development.

The Board has dismissed the Veteran's claims for effective dates prior to July 18, 2018, for service connection of left and right lower extremity radiculopathy and lumbosacral strain superimposed on degenerative joint and disc disease. The Veteran's claims for increased ratings for PTSD and TDIU are remanded.

The Veteran's claim for a higher disability evaluation for her lower back disability, which includes degenerative disc disease and intervertebral disc syndrome, was denied. The Board found that the disability does not meet criteria for a rating in excess of 20 percent after February 19, 2019.

The Veteran's appeal is being remanded due to the submission of a VA Form 10182, which was not appropriate for his legacy system appeals. The AOJ must issue an SOC and allow the Veteran to file a substantive appeal if he wishes to continue his appeal under the legacy appeals system.

The Veteran's request to reopen service connection for a mood disorder, polysubstance abuse (claimed as nervous condition and PTSD) has been granted. The evidence received since the last denial indicates that the Veteran was newly diagnosed with PTSD based on an in-service stressor.,The Veteran's request to reopen service connection for a back disability has also been granted. New medical records indicate a diagnosis of spondyloarthritis, which pertains to a prior evidentiary deficiency regarding a diagnosed disability.

The Board has remanded the Veteran's claims for additional development, including verification of herbicide exposure and VA examinations.

The Veteran's claim for an initial rating in excess of 70 percent for PTSD is denied.,The Veteran's claim for an initial rating in excess of 10 percent for tinnitus is denied.,The Veteran's claim for service connection for bilateral hearing loss is denied.,The Veteran's claims for effective dates earlier than February 26, 2018 for the grant of service connection for PTSD, IBS, a back disability, radiculopathy (sciatic) of the left lower extremity (LLE), and tinnitus are all denied.,The Veteran's claim for TDIU is remanded.

The Veteran's petition to reopen his previously denied claim for entitlement to service connection for a neck disability was denied. The issues of higher ratings for diabetes mellitus, type I; unspecified anxiety disorder; and lumbosacral spine intervertebral disc syndrome and degenerative disc disease were remanded. The issue of TDIU was also remanded.

The Board has determined that the VA examinations and medical opinions are inadequate for determining the etiology of the Veteran's claimed conditions. The Veteran's service-connected left foot disability is believed to have caused or aggravated his current back, hip, and knee conditions.

The Board has granted service connection for right hip arthritis, degenerative changes of the lumbar spine, and degenerative changes of the cervical spine. The Veteran's disabilities are deemed to be due to wear and tear during his military service.

The Veteran's tinnitus was granted service connection. The skin disability, variously claimed as contact dermatitis and neck rash, was denied. Other conditions were either not granted or remanded for further review.

The Veteran's appeals for increased ratings on four knee and back disabilities have been dismissed as the Veteran withdrew all issues on appeal prior to a decision being made.