Back / lumbar spine decisions — 2023

The Veteran's service-connected obesity is attributed to his service-connected left plantar wart and bilateral lower extremity peripheral neuropathy, which has caused him to develop polymyositis and arthritis of multiple joints. The Board grants service connection for these conditions on a secondary basis.

The Veteran's claims for increased ratings for lumbar degenerative disc disease, right knee status-post ACL reconstruction, right knee instability, and left knee patellofemoral pain are being remanded due to the need for additional development.

The Board has remanded the case due to an error in its decision regarding whether the Veteran's back pain represented an early manifestation of arthritis. The case is now being reviewed with a new opinion from an appropriate examiner.

The Board has denied the Veteran's claim for service connection for a back disability, finding that there is no evidence to support a link between his current back condition and his service-connected foot and/or knee disabilities. The issues of increased ratings for left knee chondromalacia and limitation of motion have been remanded due to the need for updated VA examinations.

The Veteran's petition to reopen claims for low back, right knee, and left knee conditions were denied due to lack of new and material evidence.,Service connection for left ear hearing loss was granted based on in-service noise exposure.

The Board has remanded several issues for readjudication due to the submission of additional evidence since the last decision. The Veteran is requested to waive AOJ consideration of this new evidence.

The Veteran's claims for service connection have been reopened and granted for bilateral ankle, knee, and OSA disabilities. Service connection has also been granted for left ear hearing loss but denied for right ear hearing loss.,Remaining issues of service connection are remanded for further review.

The Veteran's lumbar spine arthritis and cervical spondylosis were not shown as chronic in service, did not manifest to a compensable degree within the applicable presumptive period, and there has been no continuity of symptomatology since active service or within a year of separation from active service. The Board finds that the persuasive weight of the evidence shows these disabilities were not incurred in service.,The Veteran's right knee arthritis and left knee arthritis were also not shown as chronic in service, did not manifest to a compensable degree within the applicable presumptive period, and there has been no continuity of symptomatology since active service or within a year of separation from active service. The Board finds that the persuasive weight of the evidence shows these disabilities were not incurred in service.

The Board has determined that the Veteran's claims for service connection regarding his right knee, left knee, lower back, and neck conditions must be remanded to obtain additional medical opinions and records. The VA will need to secure complete service records, verify the Veteran's duty status during relevant periods, and provide examinations to determine if these conditions are related to his military service.

Your claim for service connection for your back disability has been resolved, and you are now receiving a 20% rating effective February 13, 2023. Your appeal is dismissed as moot because the benefit sought on appeal has been granted.

The Veteran's claims for service connection are remanded due to the need for additional VA examinations and medical opinions.

The Veteran's initial higher rating for lumbar spine disorder from 10% to 20% has been denied, as his condition did not meet the criteria for a higher rating during the periods under appeal.

The Veteran's claims for increased ratings were denied. The hypertension and tinnitus cases did not meet the criteria for higher ratings, while the migraine headaches claim was granted a 30 percent rating effective from June 7, 2021. The lumbar spine disability received a compensable rating.

The Board has remanded the Veteran's claims for service connection for back condition, bilateral hearing loss, and headaches due to insufficient evidence regarding whether his conditions are related to service or pre-existing conditions. The claims will be returned for further development.

The Board has decided to remand the cases for further development due to inadequate medical opinions and consideration of new evidence.

The Veteran's low back disability and related radiculopathy issues are remanded for further development. Service connection for PTSD is also remanded.

The Board has determined that additional medical examinations and opinions are needed to properly adjudicate the Veteran's claims for increased ratings, service connection, and TDIU. The issues have been remanded.

The Board has remanded the Veteran's claims of service connection for right knee disorder, left tibia stress fracture, lumbar spine disorder, and bilateral foot disorder due to failure to appear for scheduled VA examinations. The Veteran is advised that he must report for any scheduled examination.

The Board denied the Veteran's claims for a disability rating in excess of 40 percent for recurrent low back strain and service connection for a right hip disability, finding that there was no persuasive evidence to support these claims.

The Veteran's tension headaches are granted as incurred during service. The claim for a rating in excess of 10 percent for tinnitus is denied, and the claim for an earlier effective date for left ear hearing loss is also denied. TDIU is granted with conditions met. Effective dates for other claims are not granted.