Back / lumbar spine decisions — 2023

The Board has determined that the Veteran's claims for service connection are remanded due to inadequate medical opinions and duty-to-assist errors. The claims will be reconsidered with new evidence and evaluations.

The Board has granted service connection for low back pain and dysfunction, neck pain and dysfunction, bilateral foot pain and dysfunction, and a 50 percent disability rating for PTSD. The decision also dismisses the appeal as not related to service connection.

The Veteran's appeals for increased ratings in excess of 20 percent for right lower extremity radiculopathy and a scar, status post discectomy lumbar spine are dismissed as they were not part of the AMA appeal system.

The Board has remanded the Veteran's claims for a separate compensable rating for bowel or bladder impairment associated with her lumbar spine disability, a disability rating in excess of 40 percent for her lumbar spine disability, TDIU and SMC. The claims are being remanded to obtain necessary medical opinions and records.

The Board has remanded the claims for service connection for a back disability, an acquired psychiatric disorder as secondary to a back disability, and alcoholism due to inadequate VA examination opinions. The Veteran's in-service injury must be addressed in order to determine if his current conditions are related to service.

The Board denied earlier effective dates for service connection of lumbosacral strain, cervical disc bulge, and left upper extremity radiculopathy due to lack of evidence before the May 2006 rating decision that could be interpreted as a claim.

The Board denied service connection for various conditions due to lack of new and material evidence. The claims were remanded for a VA examination regarding GERD.

The Board has remanded the case due to the Veteran's failure to report for a VA examination. The Veteran is asked to be rescheduled and provided with another opportunity to attend an examination.

The Veteran's appeal is remanded due to inadequate VA examination and the need for additional records from private practitioners. The case will be returned for further evaluation of his lumbar spine degenerative disc disease.

The Veteran's lumbar spine disability and related radiculopathy conditions were granted increased ratings, with the lumbar spine disability receiving a 20% rating from June 18, 2015 to March 28, 2023. The initial ratings for RLE sciatic and femoral radiculopathies were also granted at 10%. These decisions are effective as of the dates noted.

The Veteran's claims for service connection and increased ratings have been remanded due to the need for additional VA examinations. The current evidence does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has remanded the claims for service connection for lumbar spine disability, cervical spine disability, and PTSD due to issues with the factual basis of a VA examination report and the need to address the Veteran's statements regarding symptom onset.

The Veteran's petition to reopen his claims for PTSD, lower back disability, tinnitus, insomnia, and hearing loss was granted. The Board found new and material evidence in support of the PTSD claim, but denied reopening of the lower back disability claim due to lack of material evidence. Tinnitus is service-connected as it manifested during active duty. Hearing loss and insomnia are remanded for further examination.

The Veteran's claim for service connection for tinnitus is granted. The appeal seeking a 10 percent rating based on multiple, noncompensable disabilities has been dismissed as moot due to the assignment of a 10 percent disability rating. The Veteran's claims for increased ratings and service connection are remanded.

The Veteran's hypertension is presumed to be due to herbicide exposure. The lower back, left hip, and right hip conditions are denied as not related to service.

The Veteran's low back disability and migraine headaches have been granted service connection.,Service connection for PTSD has been granted, but the issue of an increased rating remains pending.

The Veteran's bilateral hearing loss is rated as noncompensable, and the claim for a compensable rating is denied.,Service connection for a lower back condition is granted. The Board finds that service connection is warranted based on in-service events and current diagnoses.

The Veteran's claims for service connection for bilateral hip displacement and a back disability as secondary to his preexisting status post bilateral distal femoral epiphyseodesis surgeries for genu valgum with acquired left leg shortening are denied because he is not service-connected for any of these conditions.

The Board has granted service connection for asthma, a lumbar spine disorder, and tinnitus. The appeals for left hallux valgus, right hallux valgus, and migraines have been dismissed.

The Board has remanded the claims for additional medical opinions to determine if the Veteran's disabilities are related to his service-connected conditions or if they were caused by other factors. The claims will be returned after further development.