Back / lumbar spine decisions — 2023

The Veteran's claim for right ear hearing loss has been dismissed as the Regional Office granted it.,Left ear hearing loss is denied due to lack of current disability.

The Veteran's initial compensable disability evaluation for allergic rhinitis prior to December 4, 2017, is denied.,The Veteran's disability evaluation in excess of 10 percent for allergic rhinitis from December 4, 2017, is also denied.

The Veteran's service-connected disabilities did not render him unable to obtain and maintain substantially gainful employment prior to December 21, 2021.

The Veteran's claims for service connection for lumbar spine and left knee disabilities have been remanded due to the need for additional medical opinions.

The Board denied a rating in excess of 40 percent for the Veteran's lumbar spine disability, finding that the evidence did not show unfavorable ankylosis or incapacitating episodes due to IVDS.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation prior to August 14, 2017.

Service connection for tinnitus has been granted.,The claims of reopening the previously denied left knee and back conditions have been granted.

The Veteran's claims for service connection were received within one year of his retirement and remained pending until they were adjudicated in an August 2015 rating decision. The effective dates for the awards of service connection are set at July 1, 1995.

The Veteran's back disability, diagnosed as degenerative joint disease and degenerative disc disease with left lower extremity radiculopathy, had its onset in service and the Board finds that service connection is warranted.

The Veteran's claims for service connection for lumbar spine DJD and IVDS, as well as right lower extremity radiculopathy, have been fully granted in a previous rating decision. Therefore, these issues are dismissed.,Service connection has also been granted for allergic rhinitis due to Gulf War exposures.

The Veteran's claims for service connection and increased ratings have been granted. The back disability is now considered to be incurred in service, while the bilateral foot and knee disabilities are secondary to his service-connected knee disabilities.

The Veteran's PTSD resulted in occupational impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks, warranting a 30 percent rating.,There is no evidence of frostbite or its residuals during service or post-service. The Veteran does not meet the criteria for hearing loss for VA purposes.,The Board remanded the claim for service connection for back condition due to insufficient medical opinion regarding etiology.,TDIU was also remanded as it is inextricably intertwined with the back disability issue.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine disabilities due to incomplete compliance with previous remand directives. The case is also remanded for a new VA medical opinion regarding the etiology of these conditions.

The Board denied service connection for a low back condition and remanded the issue of rating in excess of 30 percent for PTSD with schizophrenia unspecified.

The Board has remanded the cases for further development and consideration. The Veteran's tinnitus is granted service connection, but his left foot disability, back disability, right foot disability, arthritis (claimed as bone fractures), and acquired psychiatric disability are not yet determined due to insufficient evidence.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective January 19, 2023. The Board denied higher ratings for the lumbar spine disability prior to that date.

The Board denied service connection for lumbar spine condition, chest pain/costochondritis, left foot condition, and right foot condition as there is no evidence of a chronic condition related to active service.,Cervical spine condition was remanded due to the need for a cervical spine examination.

The Veteran's TDIU claim is being remanded due to the possibility of marginal employment during some portions of the appellate period prior to January 10, 2022.,Basic eligibility for DEA benefits is also being remanded as it is linked with the adjudication of the TDIU issue.

The Veteran's appeal for service connection on all issues except eye problems, tinnitus, and stomach problems (undiagnosed or medically unexplained chronic multi-symptom Gulf War illness) has been dismissed. The claim of service connection for left wrist disability, right wrist disability, left ankle disability, right ankle disability, left knee disability, right knee disability, back disability, and psychiatric disability (including PTSD) is remanded.

The Board has remanded the claims for service connection of a right foot disorder, right knee disorder, and back disorder due to evidentiary development needs. The Veteran's service records are silent on these issues but he reported injuries during basic training and at Fort Leonard Wood Army Base.