Back / lumbar spine decisions — 2023

The Veteran's service connection claims for a lumbar spine disability, left knee disability, and headache disability have been granted. The claim for hypertension has been denied.,Service connection for the Veteran's headache disability is granted as secondary to his service-connected PTSD and TBI.

The Board has remanded the issues of entitlement to a rating in excess of 40 percent for the Veteran's lumbar spine disability from January 20, 2019, and entitlement to a TDIU on an extraschedular basis prior to August 14, 2020. The Board requested additional VA examinations and remanded the issues due to conflicting information regarding the Veteran's lumbar spine disability.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a left knee disability. The Veteran's low back disability rating is also remanded due to insufficient information regarding its severity.

The Board has decided to remand the case for further development due to insufficient evidence regarding the nature and etiology of the Veteran's lumbar spine disorder.

The appeal concerning the 1151 claim is dismissed. The Board has also remanded the issues of service connection for lumbar spine disability, left ankle disability, and right ankle disability due to secondary service-connected bilateral knee osteoarthritis.

The Board has remanded the claims for additional service treatment records due to incomplete information.

The Board has remanded the claim for additional development due to inadequate etiology opinions regarding the Veteran's lumbar spine disabilities.

The Board has granted the Veteran's claims for service connection for a lower back condition and a right foot condition, with the latter being secondary to his lower back condition.

The Board denied the Veteran's claim for an earlier effective date for a total disability rating based on individual unemployability (TDIU) prior to June 13, 2017. The evidence did not show any factually ascertainable increase in disability of his service-connected conditions within one year prior to the date of the TDIU claim.

The Veteran's appeal for hypertension has been withdrawn. The Board finds that the evidence does not support a diagnosis of an acquired psychiatric disorder, and thus service connection is denied.,Service connection for an acquired psychiatric disorder (mood disorder) is denied as there is no persuasive evidence of such a condition during or proximate to the pendency of the appeal period.

The Board has decided to remand the Veteran's claims for bilateral pes planus and low back disorder due to errors in the initial decision, including unclear findings about tenderness of plantar surfaces and lack of consideration of swelling. The claims will be reconsidered with new evidence.

The Board has determined that the Veteran's low back condition is related to his military service and grants entitlement to service connection.

The Veteran's appeal regarding service connection for hearing loss is dismissed as the Board lacks jurisdiction.,The Veteran's petition to readjudicate her claim of service connection for headaches is also dismissed due to a jurisdictional defect.

The Veteran's lumbar spine disability, including lumbosacral strain and intervertebral disc syndrome, is related to her active service.,The Board finds that the Veteran's bilateral lower extremity radiculopathy is secondary to her now service-connected lumbar spine disability.

The Board has granted effective dates of July 1, 2016 for the service connection of tinnitus, bilateral hearing loss, low back disability, left lower extremity radiculopathy, right lower extremity radiculopathy, linear scar from hernia surgery, adjustment disorder with mixed anxiety and depression, migraine headaches, epididymitis, and residual scar from hernia operation.

The Veteran's lumbosacral strain and sciatic nerve damage of the right lower extremity are granted service connection. His cervical strain, as well as his radicular nerve damage in both upper extremities, are denied.

The Board denied the Veteran's claims for service connection for sciatic nerve disability, cervical spine disability, and lumbar spine disability due to lack of a current diagnosis and insufficient evidence linking these disabilities to service.

The Board has dismissed the Veteran's appeals regarding entitlement to a compensable rating for migraine headaches, service connection for a sleep disorder, radiating pain in the right lower extremity, sinusitis, lumbar spine disorder, ganglion cyst of the left foot, depression, left foot bone sprain, bilateral hearing loss, and tinnitus. The appeals are dismissed due to improper use of an outdated appeal form.

The Veteran withdrew his appeals for service connection for pancreatitis, a back condition, hypertension, a neck condition, and sleep apnea.

The claim for cervical spine degenerative disc disease was denied in the August 2022 rating decision. New and relevant evidence has not been received to readjudicate this claim.,New and relevant evidence has been received for thoracolumbar spine degenerative arthritis and disc disease, and diffuse idiopathic skeletal hyperostosis, warranting readjudication of these claims.