Back / lumbar spine decisions — 2023

The Board granted a rating of 20 percent for the Veteran's low back disability from December 5, 2019. The Veteran also received separate noncompensable ratings for gouty arthritis of the right and left knees with limitation of flexion.

The Veteran's lumbosacral strain, allergic rhinitis, right hip strain, and left hip disability manifested by pain are granted service connection.,The Veteran's pneumothorax is granted on an aggravation basis from a pre-existing condition during service.

The Board has determined that the Veteran's claims for service connection for an acquired psychiatric disorder other than PTSD, a back disability, lower extremity radiculopathy, and OSA are remanded due to insufficient evidence. The claims will be reviewed again with additional medical opinions.

The Veteran's migraines are granted a 50% rating, the residuals of traumatic brain injury prior to March 21, 2018 are denied, and from March 21, 2018 forward, a higher rating is denied. The Veteran's degenerative arthritis of the lumbar spine receives a 40% rating, and service connection for erectile dysfunction as a residual of TBI is granted.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and further development is required. The issues include back disability, right hip disability, erectile dysfunction secondary to PTSD and vasectomy residuals, and a right testicular condition.

All issues related to service connection, increased ratings, and TDIU have been dismissed due to final adjudication or ongoing development.

The Board has remanded the case due to a procedural error in sending the supplemental statement of the case (SSOC) to the Veteran's prior representative. The current representative was not given sufficient time to respond.

Your appeal has been dismissed due to the Veteran's death. The Board does not have jurisdiction to proceed with your claims as they are no longer valid.

The Board has decided to send the case back to the AOJ for review of additional evidence submitted since the last decision, including VA and non-VA treatment records. The Veteran wishes this process to continue.

For the appeal period December 19, 2015 to November 5, 2019, the Veteran's frost bite on tip of nose was manifested by pain and sensitivity. The Board found that a higher evaluation is not warranted.,For the appeal period beginning November 6, 2019, the Veteran's frost bite on tip of nose was still manifested by pain and sensitivity. Again, the Board found that a higher evaluation is not warranted.,For the entire appeal period, the Veteran's lumbosacral strain did not meet the criteria for a rating in excess of 10 percent.

The Veteran's claim for bilateral hearing loss is denied as there is no current disability meeting the definition of a VA compensation disability.,The Veteran's foot condition, diagnosed as left foot plantar wart, and back condition are remanded due to insufficient evidence regarding their etiology.,The Veteran's migraines (claimed as secondary to TBI) and cysts are also remanded for further evaluation.,No service connection is granted for any of the conditions.

The Veteran's claims for allergic rhinitis, lumbar spine disability, lumbar neuritis L5-S1, left ankle disability, sinusitis, left hip disability, and left foot disability are remanded due to insufficient evidence of service connection. A VA TERA examination is required.

The Veteran's claim of service connection for a low back disability is reopened, but the matter is remanded to obtain additional medical opinions and records.

The Veteran's appeals for increased ratings and TDIU were dismissed due to the death of the Veteran. The Board has no jurisdiction to adjudicate these matters as they are not alive.

The Board has granted service connection for left knee osteoarthritis. The remaining claims of secondary service connection for right knee, hip, and low back disabilities are remanded.

The Board has decided to remand the case due to incomplete information and need for a new VA examination.

The Veteran's claim for service connection for lumbosacral strain with IVDS is dismissed as moot due to a prior grant of service connection. The claims for increased rating for pseudofolliculitis barbae, service connection for chronic fatigue syndrome (CFS), high blood pressure (hypertension), irritable bowel syndrome (IBS), and headaches are all denied. The claim for service connection for flat foot-foot pain (also claimed as foot cramps/spasms of left foot) and knee conditions is remanded.

The Board has remanded the claims for service connection for left elbow, right elbow, and a right elbow nerve condition due to insufficient evidence addressing potential theories of entitlement.

The Board denied service connection for a back disorder, neck disorder, and left hip disorder. The right hip disorder was granted, as were the right ankle and left ankle disorders. Service connection was also denied for a left knee disorder.,Service connection was not established for a back disorder or neck disorder due to lack of in-service injury and no evidence linking current symptoms to service. Right hip disorder, right ankle disorder, and left ankle disorder were granted as they are related to injuries sustained during service.

The Board has remanded the claims for service connection for various conditions due to unclear etiology and need for further development, including potential exposure to hazardous chemicals while stationed at Fort McClellan, Alabama.