Back / lumbar spine decisions — 2023

The Veteran's left and right knee disabilities were not shown to be causally or etiologically related to his active-duty service.,The Veteran's lumbar spine disability was also not shown to be causally or etiologically related to his active-duty service.

The Board has decided to remand the claims of service connection for a skin disability, low back disability, and pulmonary disability due to additional procedural development being required.

The Veteran's sleep apnea is granted as secondary to his service-connected asthma.,The Veteran's lumbar spine disorder, including degenerative arthritis and spondylosis, is granted due to its manifestation within one year of separation from active duty.,Service connection for scoliosis of the lumbar spine requires further development.

The Veteran has withdrawn his appeals for increased ratings and TDIU for degenerative arthritis of the thoracic and lumbar spine with thoracic spine strain, bilateral sciatic nerve radiculopathy, and chronic epididymitis.

The Board denied service connection for a back condition, finding that the Veteran's current back condition is related to his dishonorable period of service and thus not eligible for VA benefits.

The Board has granted service connection for the Veteran's back condition, neck condition, and skin cancer. The skin cancer claim is remanded to obtain a medical opinion regarding its relationship to service.

The Veteran's service-connected disabilities prior to April 15, 2011 did not prevent him from obtaining or maintaining gainful employment.

The Board has remanded the case due to an inadequate VA examination, and a new examination is required to determine the current severity of the Veteran's service-connected low back condition.

The Board has remanded the claims of service connection for a back disability, diabetes, and an acquired psychiatric disorder due to potential errors in the examination provided. The Veteran will need to undergo further examinations to address these issues.

The Veteran's lumbar spine disability is rated at 20 percent, and the right and left lower extremity radiculopathy are each rated at 10 percent.,The Veteran seeks higher ratings for his lumbar spine disability, but the evidence does not support a rating in excess of 20 percent.,For radiculopathy of the right lower extremity, the Veteran is already receiving the maximum available rating (20 percent).,For radiculopathy of the left lower extremity, the Veteran is also already receiving the maximum available rating (10 percent).

The Board has denied service connection for a left knee condition and remanded the issue of an initial rating in excess of 40 percent for low back condition due to lack of VA medical records.

The Board has remanded the Veteran's claims for low back pain, radiculopathy of the right lower extremity, and an acquired psychiatric condition (including depressive disorder and anxiety disorder) due to incomplete service treatment records.

The Board denied service connection for a back condition, finding that the Veteran's current degenerative arthritis did not begin during or as a result of his military service.

The Veteran's GERD, back disorder, and shin splints are granted as service-connected. The Board found the evidence at least in equipoise that these conditions had their onset during service.

The Veteran's claims for service connection for an eye disability, lumbar spondylosis, and obstructive sleep apnea as secondary to a psychiatric disorder have been granted. The claim for service connection for dyspnea with restrictive airway disease is remanded.

The Veteran's claim for an earlier effective date for TDIU and DEA benefits was denied as the evidence did not show he became unemployable within a year prior to his January 3, 2017, formal claim.,DEA eligibility was also denied as the Veteran did not meet the schedular requirements for permanent total service-connected disability before January 3, 2017.

The Board has remanded the case due to insufficient evidence regarding the Veteran's eligibility for financial assistance in the purchase of an automobile or other conveyance and/or adaptive equipment. The Veteran is service-connected for several disabilities, but none are directly related to his request for benefits.

The Board has denied the Veteran's claims for service connection for low back disability and bilateral hearing loss, finding no evidence of a direct relationship to service. The claim for service connection for an acquired psychiatric disorder (PTSD) is remanded due to a pre-decisional duty to assist error.,The Veteran was provided with a VA examination for PTSD in July 2022, but the examiner did not diagnose PTSD based on DSM-5 criteria.

The Board has decided to remand the claims for service connection for right hip, left hip, and lumbar spine disabilities due to a lack of analysis in the VA examination report.

The Board has remanded the Veteran's claims for service connection for neck, upper back, lower back, right shoulder, and left shoulder conditions due to a duty to assist error. The Veteran submitted treatment records from private chiropractors dating back to early 2000, which document his symptoms. A new VA examination is required to determine if these disabilities are related to service.