Back / lumbar spine decisions — 2023

The Board denied the Veteran's claim for service connection for a back condition, finding that there is no evidence to support a link between his current condition and his active duty service.

The Veteran's claim to reopen her service connection for a low back condition secondary to service-connected plantar fasciitis is denied.,The Veteran's claim to reopen her service connection for a urinary frequency disorder is granted, and she is now entitled to service connection.

The Veteran's service-connected degenerative disc disease and arthritis, thoracolumbar spine was granted effective March 23, 2012.,An initial disability rating of 20 percent for the service-connected degenerative disc disease and arthritis, thoracolumbar spine was granted effective October 15, 2019.,The Veteran's service-connected radiculopathy, right lower extremity was granted effective March 23, 2012.,An initial disability rating of 10 percent for the service-connected radiculopathy, left lower extremity was granted effective October 15, 2019.

The Veteran's claims have been remanded due to the need for further evaluation and evidence, including service connection for various conditions secondary to existing disabilities.

The Veteran's tinnitus is granted as service-connected. The left knee, bilateral heel disorder with plantar fasciitis (secondary to the non-service-connected left knee disorder), left wrist disorder, right wrist disorder, lumbosacral strain, hypertension, migraines, and vertigo/syncope are all remanded for further review.

The Board has denied the Veteran's claims for service connection for a back disability and a right hand disability, finding that there is no credible evidence linking these conditions to his military service.

The Board denied service connection for lumbar radiculopathy, finding that the evidence did not support a diagnosis of this condition.,The Board also remanded the issue of an initial rating in excess of 10 percent for degenerative disc disease and lumbosacral strain due to conflicting findings from previous examinations.

The Board denied the Veteran's appeals for service connection of low back disability and bilateral hearing loss, as well as his claim for TDIU due to untimely filing of substantive appeals.

The Board has remanded the service connection claim for a back disability due to inadequate medical opinion and failure to follow January 2023 Board remand instructions.

The Board has ordered new examinations for the Veteran's cervical spine, thoracolumbar spine, right thigh, left knee, gum/dental, eye, and migraine conditions due to outstanding military records and potential competency issues.

The Veteran's lumbar spine disability is rated at 20 percent prior to July 15, 2019 and denied for a rating in excess of 20 percent from that date onwards.

The Veteran's claims for service connection were dismissed as moot due to the full grants of benefits. The claim for a 50 percent disability rating for bilateral plantar fasciitis was granted effective September 25, 2013.

The Board denied service connection for low back, left knee, and right knee disabilities as well as left and right shoulder disabilities due to the Veteran's failure to report for VA examinations without good cause.

The Board has remanded the case due to a failure to consider if the Veteran's symptoms amount to functional ankylosis, which can establish entitlement to a higher disability rating for his service-connected thoracic spine.

The Board has determined that the issue of TDIU was reasonably raised by the record and is now considered on its merits. The Veteran's service-connected lumbar spine conditions have led to a combined disability rating of 70 percent, but no single condition meets the schedular criteria for TDIU. A referral to the Director of Compensation Service is warranted for consideration of an extraschedular TDIU.

The Veteran's claim for a higher rating for cervical spine disability is remanded.,The Veteran's claims for an earlier effective date for the lumbar spine and radiculopathy disabilities are denied as no factual ascertainable increase in severity occurred within one year prior to her January 29, 2016 claim.,The Veteran's claim for a total disability rating due to unemployability is granted.

The Board has determined that the Veteran does not have a current back disorder, respiratory disorder, or headache. The claims for service connection are being remanded due to the need for additional development and examination.

The Board denied the Veteran's claim for service connection for a thoracolumbar spine disability, finding that it did not have its onset in service and was not caused or aggravated by his service-connected right patella fracture.

The Veteran's irritable bowel syndrome (IBS) is granted service connection. Service connection for hyperdermatographism, right Achilles tendinitis, left Achilles tendinitis, left knee arthritis, and right knee arthritis are denied.

The Board has determined that further development is necessary to comply with VA's duty to assist the Veteran in obtaining evidence needed to substantiate his claims for service connection. The case is being remanded for additional examinations and a review of the medical records.