Back / lumbar spine decisions — 2023

The Board has remanded the claims for service connection due to inadequate medical opinions regarding the etiology of the diagnosed conditions. The Veteran's schizophrenia is presumed preexisting, and further examination is needed to determine if it was aggravated by service or natural progression.

The Board has decided that the Veteran's cervical spine disability, including degenerative disc disease, is related to his service-connected lumbar spine disability and remanded for further development.

Service connection is granted for bilateral hearing loss and tinnitus.,The Veteran's current low back condition, neck condition, right shoulder condition, and gastrointestinal disorder are all remanded for further evaluation.

The Veteran's cervical spine, right and left upper extremity radiculopathy, lumbar spine arthritis, bilateral lower extremity radiculopathy, and left hip disability have been granted increased ratings.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment consistent with his education and occupational background, thus denying the claim for a TDIU.

The Board has remanded the case due to insufficient information regarding the Veteran's lumbar spine disability, specifically related to flare-ups and their impact on range of motion. The claim will be returned for further examination.

The Veteran was granted a TDIU prior to March 3, 2018. The Board has also remanded the issue of entitlement to a TDIU from March 3, 2018 for referral to VA's Director of Compensation Service for extraschedular consideration.

The Veteran's petition to reopen his previously denied claim for service connection of a low back disability has been granted. The Board finds that the evidence received since the December 2016 rating decision is new and material, thus reopening the claim. However, the issues of entitlement to increased ratings for PTSD, seborrheic dermatitis with tinea manuum and tinea pedis (claimed as rash of hands and feet), and TDIU are being remanded due to the need for additional examinations or information.

The Veteran's appeal for a TDIU prior to April 7, 2022 is remanded due to incomplete employment information from the Oregon Institute of Technology and Portland VAMC. The AOJ must obtain this information as part of their review.

The Veteran's carpal tunnel syndrome, degenerative arthritis with right radiculopathy (lower back condition), and bilateral hearing loss have been granted service connection. The carpal tunnel syndrome is related to his active duty duties as a hull maintenance technician and damage controlman. The degenerative arthritis with right radiculopathy is presumed due to the Veteran's in-service injury, while the bilateral hearing loss is denied as there was no evidence of hearing loss during or within one year after service.

The Board has remanded the service connection claims for neck and back disabilities due to insufficient opinions regarding the onset of symptoms during service.

The Veteran's claim for service connection of lumbar and cervical spine disabilities was reopened on May 26, 2009. Effective from that date, the Veteran is granted a disability rating of 40% for his lumbar spine disability.

The Veteran's claims for service connection for a back disability and left ankle disability have been granted. The Board found that the current diagnoses are related to her in-service injuries.

The Board granted a 20 percent rating for the Veteran's lumbar spine disability, effective June 26, 2020. The other conditions and issues were either denied or had their ratings unchanged.

The Board has granted service connection for low back strain, right knee strain, and left knee strain, finding that the Veteran's current conditions are related to his in-service injuries during combat operations.

The Veteran's claim for service connection for bilateral hearing loss disability is denied as there is no evidence of a current disability. The Board finds that the Veteran does not have a bilateral hearing loss disability for VA compensation purposes.,Service connection for sleep apnea has been granted based on continuity of symptomatology since active service and credible lay testimony from the Veteran regarding his symptoms during service.,The Veteran's PTSD is rated as 70 percent disabling throughout the appeal period, with occupational and social impairment with deficiencies in most areas due to symptoms such as difficulty adapting to stressful circumstances, impaired impulse control, and inability to establish effective relationships.,Service connection for back disability, including DDD and thoracic muscle spasms, has been remanded. The Veteran reported injuries during basic physical training (PT) and combat fitness training, but STRs are silent on these claims.,Service connection for right lower extremity radiculopathy and left lower extremity radiculopathy have also been remanded as there is insufficient evidence to determine the etiology of these conditions.,The Veteran's claim for service connection for urinary incontinence has not been addressed, as it was not part of his original appeal.,Further development is needed to clarify the Veteran's periods of qualifying service and verify any injuries reported during active duty.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's lumbar spine disability is service-connected and if it is aggravated by his service-connected prostate cancer and PTSD.

The Veteran's increased evaluations for left foot plantar fasciitis and lumbosacral strain were granted, with the effective date set at May 22, 2018.

The Board has determined that the Veteran's claim of service connection for residuals of a traumatic brain injury, back disorder, left knee disorder, right knee disorder, and acquired psychiatric disorder is denied. The claims are remanded for further development.

The Board has remanded the issues of increased ratings for DDD of the lumbar spine and cervical spine due to unresolved medical evidence.