Back / lumbar spine decisions — 2023

The Veteran's claims for right knee disability, lumbar spine disability, and left knee disability have been reopened. The claim of service connection for penis deformity has been denied.,An effective date of January 11, 2017, but no earlier, has been granted for the assignment of a 70 percent rating for unspecified anxiety disorder.

The Board has remanded the claims for additional development due to new evidence submitted by the Veteran, including private medical records and a statement from her primary care physician. The Veteran's service connection claims are related to her duties as a cargo handler in the Air Force Reserve.

The Board has remanded the appeals for additional development due to a failure to provide proper notice of substitution.

The Board has granted service connection for tinnitus but has remanded the issue of service connection for lumbar spine condition.

The Veteran's appeal for an increased rating for tinnitus has been withdrawn. The Board has remanded several service connection and rating issues due to the need for additional evidence or examinations.

The Veteran's lumbar spine disability was rated at 10 percent prior to May 27, 2016. From May 27, 2016, the rating was increased to 20 percent. The Board denied a higher rating for both periods.

The Board has remanded the Veteran's claims for additional development due to incomplete authorization forms and missing private treatment records. The issues of increased ratings for degenerative arthritis of the lumbar spine and TDIU prior to November 23, 2022 are also being remanded.

The Board has dismissed the appeals for increased ratings for degenerative joint disease of the lumbar spine and right leg radiculopathy due to the Veteran's death.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since April 4, 2022.

The Board has denied the Veteran's request for an earlier effective date than September 5, 2017 for his service-connected PTSD. The appeal regarding the lumbar spine disability is being remanded due to a lack of communication prior to September 5, 2017.,The Veteran's claim for an initial rating in excess of 20 percent for his lumbar spine disability remains pending and requires further examination.

The Board has remanded the claims for service connection for sleep apnea, left knee disorder, and low back disorder due to the need for additional development. Specifically, addendum opinions are needed regarding whether these conditions are at least as likely as not related to active-duty service, including considering the Veteran's weight/BMI during service and his toxic exposure.

The Board has granted service connection for intervertebral disc syndrome (claimed as lower back condition) and denied the claims for right ear hearing loss, acquired psychiatric disorder, and an effective date prior to June 30, 2016.

The Veteran's tinnitus is granted as service-connected.,Service connection for bilateral hearing loss is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a sleep disorder (including sleep apnea) is remanded due to potential TERA exposure.,Service connection for any acquired psychiatric disorder is remanded due to potential TERA exposure.,Service connection for headaches, to include as secondary to a service-connected disability, is remanded due to potential TERA exposure.,Service connection for a back condition is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a left shoulder condition is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a right shoulder condition is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a left ankle condition is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a right ankle condition is remanded due to lack of in-service evidence and potential TERA exposure.

The Board has granted service connection for the Veteran's left leg, right leg, right shoulder, and back disabilities, all of which are related to his in-service motor vehicle accident.

The Veteran's appeal for increased disability ratings and SMC is being remanded due to the need for additional examinations and development of the record.

The Board has remanded the issues of increased evaluations for a back disability, right lower extremity radiculopathy, and bilateral hearing loss due to unresolved development needs.

The Board denied service connection for a lumbar spine condition and cervical spine condition. Service connection was granted for sinusitis due to burn pit exposure under the PACT Act, but not under any other theory of entitlement.

The Board has dismissed the Veteran's appeals for various ratings and TDIU claims related to his low back disability, frostbite residuals in his left hand, PTSD, and TDIU prior to May 31, 2017. The appeal was withdrawn by the Veteran's attorney.

The Veteran withdrew his appeal regarding the increased rating for postoperative herniated lumbosacral discs, and the case is dismissed.

The Board has granted a temporary total evaluation for the Veteran's service-connected lumbar spine disability due to surgery necessitating at least one month of convalescence following back surgeries in January and August 2018.