Back / lumbar spine decisions — 2023

The Board has remanded the case due to insufficient evidence and procedural issues, including a need for updated treatment records and an advisory medical opinion regarding the Veteran's back disability.

The Board has granted the Veteran's petitions to reopen his claims for service connection for an acquired psychiatric disorder, to include PTSD; and for an eye disability. The claims for service connection for a low back disability, skin disorder, headaches, and diabetes mellitus are remanded due to the need for additional development.

The Veteran's low back disability is rated at 20 percent, and his left lower extremity radiculopathy is rated at 10 percent. The claims for higher ratings are denied.

Service connection is granted for right ear hearing loss and tinnitus.,Service connection is denied for lumbosacral strain (low back pain).

The Veteran's claims for cervical spine and lumbar spine disabilities have been reopened, but the Board has determined that service connection is not warranted based on lack of nexus between current disabilities and service. The right hand and left hand disability claims are also remanded due to insufficient evidence.

The Veteran's appeal includes multiple issues related to his service-connected disabilities, including PTSD, left shoulder and ankle conditions, knee degenerative joint disease, radiculopathy, skin disorders, cervical spine disability, facial injury residuals, TMJ, sleep apnea, headaches, hand tremors, CFS, fibromyalgia, and muscle and joint pain. The Board finds that additional evidence is needed to properly evaluate these issues.

The Veteran's petition to reopen his previously denied claim for service connection for a lumbar spine disorder was granted. Service connection for the lumbar spine disorder is also granted, with an effective date of October 2018. The issues regarding effective dates for other service-connected disabilities are remanded.

The Veteran's claim for a higher rating for his low back disability is remanded due to the need for an adequate medical examination.

The Veteran's appeal is being remanded for further development regarding his lumbar spine disability and bladder disorder. The issues of a higher rating for the lumbar spine disability and service connection for the bladder disorder are being addressed.

The Board has granted service connection for degenerative arthritis and intervertebral disc syndrome affecting the Veteran's back and neck, finding that these conditions are at least as likely as not related to his active-duty service.

The Veteran's low back disability is granted a 40% rating from November 14, 2020 to March 31, 2023. Ratings for the disability in excess of 10 percent prior to November 14, 2020 and from March 31, 2023 are denied.

The Board has remanded the claims for service connection for a low back disability and bilateral foot disabilities due to inadequate opinions in the September 2020 VA examination report. The diabetes claim is denied as there is no evidence of its onset during or within one year after service.

The Board denied the Veteran's claims for service connection for a back condition and an initial rating for cubital tunnel syndrome of the right upper extremity, finding that there was no evidence to support these claims.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board has granted a total disability based on individual unemployability (TDIU).

The Board has remanded the Veteran's claims for service connection for bilateral elbow, back, bilateral hip, and headache disabilities due to a pre-decisional duty to assist error. The VA examiner is required to provide an opinion on the etiology of these conditions.

The claims for service connection for left and right shoulder disabilities, left and right hand disabilities, neck disability, right ring finger disability, and throat disability have been dismissed.,New evidence has been received to warrant readjudication of the claims for service connection for low back disability, left leg disability, right leg disability, erectile dysfunction, left knee disability, and right knee disability.

The Board has determined that the Veteran's low back disability is related to his service and grants service connection for this condition.

The Board denied service connection for lumbar degenerative disc disease and a left elbow disability, finding that the evidence did not support a link to active-duty service.,Both conditions were determined to be unrelated to service.

The Veteran's initial claim for a rating of 10 percent for lumbar degenerative disc/joint disease was granted, but the appeal to revise this decision on the basis of clear and unmistakable error (CUE) was denied.

The Board has granted a 20 percent evaluation for right ankle tenosynovitis. The issue of service connection for lumbosacral strain is remanded due to a duty-to-assist error.