Back / lumbar spine decisions — 2023

The Board has denied the Veteran's claim for service connection for bilateral hearing loss due to a lack of evidence showing current disability.,The Board has remanded the issue of entitlement to an initial rating in excess of 20 percent for cervical strain with cervical spine degenerative disc disease, as the VA examination report did not adequately address functional impairment during flare-ups and repetitive use over time.

The Board has decided to remand the case due to the need for a more contemporaneous examination of the Veteran's service-connected lumbar spine disability and to obtain any outstanding VA treatment records.

The Veteran's calcaneal spur and plantar fasciitis of the left foot, lumbar spine disorder, rhegmatogenous retinal detachment of the right eye (radiculopathy), rhegmatogenous retinal detachment of the left eye (radiculopathy), decreased bone density, to include osteoporosis and osteopenia, acquired psychiatric disorder, glaucoma of the left eye, and glaucoma of the right eye are all granted.,The Veteran's service connection claims for calcaneal spur and plantar fasciitis of the left foot, lumbar spine disorder, rhegmatogenous retinal detachment of the right eye (radiculopathy), rhegmatogenous retinal detachment of the left eye (radiculopathy), decreased bone density, to include osteoporosis and osteopenia, acquired psychiatric disorder, glaucoma of the left eye, and glaucoma of the right eye are all granted.

The Board has decided to remand several issues related to the Appellant's service connection claims, including back disability, right knee disability, bilateral sciatica, neck disability, chronic headache disorder, and associated conditions. The decision also includes a request for additional medical records and examination.

The Veteran's degenerative disc disease with L5-S1 narrowing and lumbosacral strain is rated at a 20 percent evaluation, effective prior to June 14, 2022.

The Board has determined that there has not been substantial compliance with its May 2022 remand directives and thus the Veteran's claims for service connection for lumbosacral strain and cervical strain are being remanded again.

The Veteran's service-connected disabilities have rendered her unable to obtain or maintain substantially gainful employment since October 2010.

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

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's low back disorder. The claim will be reconsidered with a new medical opinion.

The Board has granted service connection for the Veteran's lumbar spine disability and left lower extremity neurologic impairment of the sciatic nerve. The remaining issues, including those related to other lower extremity nerves or right lower extremity, are remanded for further development.

The Board has remanded the cases for additional development to address whether the Veteran's hypertension is aggravated by his service-connected psychiatric condition or obstructive sleep apnea, and to determine the current severity of his lumbar spine condition.

The Board has remanded the case for additional development due to unclear measurements in a VA examination report and the need for clarification regarding pain points, ankylosis, and treatment records. The issues of entitlement to higher evaluations for lumbosacral strain with degenerative arthritis, IVDS, and TDIU are pending.

The Board has granted an effective date of February 3, 1992 for the assignment of Total Disability Rating Based on Individual Unemployability (TDIU) due to service-connected disabilities.

The Veteran's claim for service connection for a low back disability was reopened and granted, as new evidence related to the left groin injury has been submitted.,Service connection for adjustment disorder with depressed mood was also granted, attributed to the Veteran's service-connected residuals of a left groin (thigh) injury.

The Veteran's claim for TDIU was granted, and the effective date is September 7, 2010. Fees were awarded to both C.L. and A.G., with a 17.39% fee for A.G. and a 2.61% fee for C.L.

The Veteran's claim for a separate compensable rating for bladder impairment associated with lumbosacral degenerative arthritis with lumbar spasm with IVDS is denied. The initial 10 percent rating for costochondritis with rib subluxation and left breast numbness prior to September 22, 2014, is granted, but the claim for a rating in excess of 10 percent thereafter is denied.

The Veteran's claim for service connection for an acquired psychiatric disorder, tinnitus, and lumbar spine disability has been reopened. Service connection is granted for the acquired psychiatric disorder (to include anxiety and depression) and tinnitus. The claim for service connection for a lumbar spine disability remains pending.

The Board denied service connection for various conditions, including chronic diarrhea, status post left hand surgery disorder, a back disorder, bilateral hearing loss, and tinnitus. The Veteran's claims were not supported by new and material evidence.

The Veteran's claim for service connection for a sinus condition was dismissed as the grant of service connection in August 2022 resulted in a full grant of benefits sought on appeal.,The Veteran's claim for TDIU was also dismissed as the RO granted service connection effective December 17, 2016.

The appeals regarding left upper extremity CTS, right upper extremity CTS, and low back condition are dismissed. The appeal for erectile dysfunction is remanded.