Back / lumbar spine decisions — 2023

The Veteran's claims for PTSD, tinnitus, right wrist and hand conditions, left forearm condition, and lower back condition have been remanded due to the need for additional development.

The Board has remanded the cases for additional development to obtain medical opinions regarding service connection and rating for the Veteran's lumbar strain and cervical spine degenerative arthritis.

The Board has remanded the Veteran's claims for service connection due to his reported disabilities, including bilateral elbow conditions and low back pain. The cases are being returned for further development and consideration.

The Board denied an initial rating in excess of 10 percent for Degenerative Disc Disease (DDD) due to the evidence showing forward flexion between 60 and 85 degrees, a combined range of motion of the thoracolumbar spine between 125 and 235 degrees, without palpable muscle spasm. The Board found that these findings did not meet the criteria for a higher rating.

The Veteran has withdrawn their appeals regarding the service connection for bilateral shin disability, a rating for lumbar strain with degenerative joint and disc disease, radiculopathy of the right lower extremity, right ankle strain, and left ankle strain. As such, these issues are dismissed.

The Board has remanded the case for further development, including scheduling a psychiatric examination to determine the nature and etiology of any acquired psychiatric disorder. Service connection is not granted for TBI or lumbar spine condition.

The Board has remanded the case due to lack of compliance with previous remand requests for a VA examination and medical opinion. The Veteran's lumbar spine disability is being reviewed again.

The Board has remanded the claim for an increased rating in excess of 20 percent for degenerative joint disease of the lumbar spine and periarticular osteopenia due to a lack of proper notice regarding scheduled VA examinations.

The Board has denied the Veteran's claims for service connection for a left foot disability and a back disability, finding that there is no current diagnosed disability or causal relationship to service.

The Veteran's appeals for increased disability ratings and service connection for right and left knee disabilities are remanded due to the need for updated VA examinations.

The Board has found that the Veteran's claims for increased evaluations of his service-connected back disability and radiculopathy of the right lower extremity are remanded due to inadequate examination findings. A new examination is necessary to determine the severity of these conditions.

The Board has granted service connection for chronic lumbar spine disability, chronic cervical spine disability, chronic right knee disability, and IBS (presumptively related to Southwest Asia service). The claims are based on the presumption of exposure in the Gulf War setting.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment as of June 1, 2017. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is established effective as of June 1, 2017.

The Veteran's service-connected disabilities do not render him unemployable, as he can perform sedentary work with reasonable accommodations.

The Board has granted service connection for right ear hearing loss. The Veteran's current left ear hearing loss is at least as likely as not related to his military noise exposure.,All other claims, including those for back disability, left ear hearing loss, depression (secondary to service-connected disabilities), left hand and right hand disabilities, sleep apnea (undiagnosed illness and/or medically unexplained chronic multi symptom illness due to exposure to environmental hazards during the Persian Gulf War) and secondary to service-connected disabilities, right hip disability, left hip disability, right knee disability, and left knee disability, are remanded for further development.

The Board denied the Veteran's claims for effective dates prior to April 17, 2018, for service connection of lumbosacral strain with intervertebral disc syndrome, LLE radiculopathy, and RLE radiculopathy.

The Board has determined that the Veteran's claims for service connection for a lower back condition, hypertension, and vision loss condition are not supported by the evidence of record. The case is being remanded to obtain additional medical opinions regarding the etiology of the Veteran's claimed conditions.

The Board has determined that the withholding of VA compensation benefits to recoup Separation Pay in the amount of $31,101.34 was proper and this appeal must be denied as a matter of law.

The Veteran's claim for service connection for diabetes mellitus is remanded due to a pre-decisional duty to assist error. The Board finds that the current evidence does not support granting service connection under any raised theory of entitlement.

The Board has granted service connection for the Veteran's low back disability, finding that it had its onset in service and is related to his military service.