Back / lumbar spine decisions — 2023

The Board has remanded the claims for updated VA examinations to determine the current severity of the Veteran's thoracolumbar spine disorder and bilateral lower extremity sciatic nerve radiculopathy.

The Veteran's neck disability and chronic sinusitis have been granted service connection. The gynecological disability claim is remanded due to new evidence.,Back and thyroid nodule claims are also remanded.

The Board has granted service connection for right hip, left hip, and right knee disabilities as secondary to the Veteran's service-connected low back disability. The rating for mechanical back pain with degenerative disc disease remains remanded due to inadequate examination findings.

The Veteran's claims for increased ratings for lumbar spine strain and migraine headaches have been denied. The Board found that the evidence did not support a higher rating for either condition.

The Board denied service connection for a back disability, bilateral leg/knee disorders, and right ear hearing loss. The Veteran's claims were based on his assertions of in-service trauma leading to current disabilities, but the evidence did not support these claims.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a qualifying hearing loss disability meeting VA's regulatory definition.,Service connection for TBI, whiplash, cervical spine disorder, lumbar spine disorder, sleep apnea, chronic fatigue, migraine headaches, and an acquired psychiatric disorder are remanded due to the need for further examination and clarification of medical opinions.

The Veteran's claims for service connection have been remanded due to the need for additional development, including obtaining National Guard service records and medical opinions regarding his knee conditions and hearing loss.

The Veteran's claims for increased ratings for lumbosacral strain and post-operative left knee injury were denied. A 10 percent rating was granted for left knee instability.

The Veteran's tinnitus began during service and has continued since then.,The Veteran contends his left wrist disorder is related to active duty. The VA examiner opined the condition was not caused by or a result of his military service.,The Veteran contends his right wrist disorder is related to active duty. The VA examiner opined the condition was not caused by or a result of his military service.,The Veteran contends his thoracolumbar disorder is related to active duty. The VA examiner opined the condition was not caused by or a result of his military service.,The Veteran contends his right shoulder disorder is related to active duty. The VA examiner opined the condition was not caused by or a result of his military service.,The Veteran contends his TMJ disorder is related to active duty. The VA examiner opined the condition was not caused by or a result of his military service.

The Veteran's cervical and lumbar spine disabilities, as well as bilateral upper and lower extremity radiculopathies, are granted. The Veteran's right shoulder disability and right knee disability remain in dispute.

The Veteran's thoracolumbar degenerative disc disease is rated at 40 percent since December 22, 2015. The initial ratings for left and right lower extremity radiculopathy are granted at 10 percent and 20 percent respectively, effective November 6, 2008.

The Veteran's appeal for service connection for alcoholism as secondary to PTSD and cirrhosis of the liver as secondary to alcoholism has been dismissed due to his withdrawal request.

The Veteran's PTSD, back disability, neck disability, and alopecia areata claims have been remanded for further examination and opinion. The effective date of service connection remains October 6, 2017.

The Board has remanded the claims for service connection due to receipt of additional VA medical evidence. The AOJ is instructed to consider this new evidence and provide notice with an opportunity to respond.

The Board has remanded the Veteran's claims for bilateral hearing loss, tinnitus, back disability, right knee and left knee disabilities, right thumb/hand disorders, right elbow and ankle disabilities, left hip strain, neck disability, and left shoulder disability due to additional development being required.

The Veteran's claim for service connection for unspecified depressive disorder, low back disability, and sinus disability is remanded. The appeal for a higher rating for his service-connected unspecified depressive disorder remains pending.

The Veteran's appeal for a higher rating for his lumbosacral strain is being remanded due to the need for further development, including obtaining medical records and scheduling VA examinations.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include traumatic brain injury, upper and lower extremity conditions, seizure disorder, sleep disorders, TMJ disorder, headaches, and a back condition.

The Board has remanded the Veteran's claims for service connection for neck and back conditions due to incomplete development. The Veteran is requested to authorize release of private treatment records from Dr. Hollander, and VA will make reasonable efforts to obtain them. Updated VA opinions are needed based on these records.

The Veteran's back disability and related radiculopathies were granted a 40 percent rating from May 20, 2019 to December 29, 2020. The TDIU status was also granted during this period.