Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for service connection due to incomplete records and inadequate examination. The issues of left elbow cellulitis, olecranon bursitis, and low back disability are being addressed.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further medical opinions.

The Veteran's asthma is granted on a presumptive basis due to exposure to burn pits and other toxic substances during service, as per the PACT Act. The remaining issues are remanded for further development.

The Board has decided to remand the case due to insufficient rationale in the VA examiner's opinion regarding the etiology of the Veteran's low back disability. The case is being sent back for an addendum opinion.

The Veteran's TDIU and increased rating claims for cubital tunnel syndrome were denied. The Board found that the evidence did not support an earlier effective date for TDIU or a higher rating for cubital tunnel syndrome.

The Veteran's low back disability is granted, and his skin lesions are denied. The acquired psychiatric disorder is also granted.

The Veteran's claim for a higher rating of his lumbar spine disability is denied. Service connection for left and right shoulder disabilities is also denied. A TDIU is granted effective April 2, 2019.

The Veteran's claim for a higher rating for his service-connected back condition was granted, with a rating of 20 percent effective August 23, 2018, to January 9, 2023.

The Board has determined that there is not substantial compliance with the May 2020 directives and has remanded several issues, including those related to hip replacements, cervical strain, lumbosacral strain, and service connection for the cause of death. The claims are being returned for further development.

The Board has remanded the Veteran's claims for additional development, including obtaining updated VA treatment records and private treatment records. The issues of entitlement to service connection for a sleep disorder, left knee disability, lower back disability, bilateral shin splints, and TDIU are being remanded.

The Board has withdrawn the issue of entitlement to service connection for athlete's foot, also claimed as foot fungus. The remaining issues on appeal are remanded due to the need for additional development and medical opinions.

The Veteran's claim for service connection of lumbar spine disorder was granted, and he is now receiving a 60% rating effective from November 2, 2017.

The Veteran's claim for a TDIU is dismissed as moot due to the award of a combined 100 percent evaluation. The issue of an evaluation in excess of 70 percent for PTSD and depressive disorder with a major depressive episode and anxious distress due to chronic pain disorder is remanded.

The Veteran's coronary artery disease was rated at 100% from November 1, 2011 to February 1, 2012. From January 13, 2015 to November 5, 2015, and from March 1, 2016 to January 18, 2018, the Veteran's coronary artery disease was rated at 60%. The Veteran's gastroesophageal reflux disorder was rated at 30% prior to August 9, 2010. From August 9, 2010, the Veteran's GERD was rated at 40%. The Veteran's lumbar spine disability was rated at 20% prior to July 13, 2010 and at 40% thereafter. The Veteran's right humerus condition, residuals of a right shoulder dislocation with degenerative arthritis (DA), and bilateral knee conditions were all rated at 20%. SMC based on aid and attendance or housebound status was denied.

The Board has reopened the Veteran's claims for service connection for lumbar spine, bilateral foot, and left knee conditions. However, these claims are still remanded as new VA examinations are needed to determine if these conditions are related to active duty service.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss, left knee condition, right knee condition, and lower back condition due to insufficient evidence of a nexus between these conditions and his military service.

The Board has remanded the claims for further development to obtain updated VA and private treatment records and new VA examinations.

The Board has found that the Veteran's low back disability is not related to his active service. The case for bilateral plantar fasciitis requires additional examination and opinion regarding whether it is secondary to a service-connected condition or aggravated by another condition.

The Board has decided to remand the Veteran's claims for psychiatric disability, asthma, and back degenerative disc disease due to insufficient evidence regarding their etiology. The case will be returned for further examination and opinion.

The Veteran's claims for service connection for colitis, hypertension, type II diabetes, and a lumbar spine disorder have been denied as the evidence does not support a finding of in-service incurrence or continuity of symptomatology.,Service connection has also been denied for diabetic peripheral neuropathy of the right upper extremity, left upper extremity, and erectile dysfunction secondary to type II diabetes, as well as left sciatic radicular pain and partial paralysis of the left sciatic nerve secondary to a lumbar spine disorder.