Back / lumbar spine decisions — 2023

The Veteran's acquired psychiatric disorder, including intermittent explosive disorder and delusion disorder, is granted as secondary to his service-connected lumbar spine, cervical, and associated radiculopathies.,Service connection for a higher rating of 40 percent for the Veteran's service-connected lumbar spine disability is granted from November 4, 2020.

The Board has denied service connection for bilateral hearing loss, back disability (claimed as back pain), left hip disability (claimed as left hip pain), right hip disability (claimed as right hip pain), left foot disability (claimed as left foot cramps), and right foot disability (claimed as right foot cramps) due to lack of evidence of a current disability in service or related to military service.

The Board has determined that the Veteran's lumbar spine disorder is related to his service, and thus grants the claim for service connection.

The Veteran's claims of service connection for various disabilities are being remanded due to the need for further development and examination.

The Board found that withholding VA compensation benefits to recoup separation pay in the amount of $13,958.15 was proper and denied the appeal.

The Board has granted service connection for migraine headaches, low back pain, right knee pain, and left knee pain. The appeals for chronic fatigue syndrome and hypertension have been remanded.

The Board has denied the Veteran's claim for service connection for a back disability, finding that there is no evidence of a current disability related to his military service.

The Veteran's claim for service connection for a cervical spine disability, including degenerative disc disease, has been reopened. The case is being remanded to determine the nature and likely etiology of his neck disability and whether it is related to service or his service-connected back disability.

The Board has remanded the case due to insufficient evidence regarding the Veteran's claimed back disorder, including service treatment records and private medical records. The Veteran is requested to provide additional information or documentation.

The Board has decided to remand the cases for further development and clarification of the medical opinions provided, as they do not address all theories of entitlement raised by the Veteran.

The Board has reopened the claim for service connection for cause of death due to new and material evidence. However, the case is remanded as there are insufficient medical opinions regarding the Veteran's cause of death.

The Veteran's acquired psychiatric disorder is related to military service, and the character of his discharge from his second period of service is not a bar to VA benefits.,Service connection for heart disease, hypertension, kidney disease, sleep apnea, bilateral knee disability, lumbar spine disability, cervical spine disability, and scars are remanded due to insufficient evidence.

The Veteran's claims for increased ratings and effective dates have been denied. The Board found that the criteria for higher ratings were not met, except for a March 29, 2013 effective date for service connection of right lower extremity radiculopathy.

The Board denied the Veteran's claims for service connection for lumbosacral strain with IVDS and cervical strain, finding that there was no evidence of a nexus between his current conditions and active military service.,Service connection for bilateral hearing loss was also denied as the Veteran did not meet the minimum degree of hearing loss required for VA purposes.

The Board has determined that the reduction in ratings for migraines, major depressive disorder, neck disability, lumbar strain with degenerative changes/arthritis, left knee patellofemoral syndrome, and right knee patellofemoral syndrome was improper. The Veteran's original ratings are restored.

The Veteran's left knee and headache disabilities are being remanded for further development. The upper back disability is also being remanded, but the appeal does not involve service connection.

The Board has decided to remand four of the Veteran's claims for increased ratings and one for service connection due to outdated examination reports. The Veteran will need new examinations for his bipolar disorder, degenerative arthritis of the thoracolumbar spine, cervical spine degenerative disc disease, and foot disorder.

The Board has determined that the Veteran does not have a current diagnosis of PTSD, sleep apnea, or chronic fatigue syndrome. The back and bilateral flat feet conditions are also not supported by the evidence as being related to service.

The Board has granted service connection for PTSD, back injury, and bilateral knee disabilities (PFS). The Veteran's current diagnoses are considered direct findings of his military service.

The Board denied the Veteran's claim for a disability rating in excess of 40 percent for his DDD of the lumbar spine, finding that the evidence did not support ankylosis or intervertebral disc syndrome (IVDS).