Back / lumbar spine decisions — 2023

The Board has granted service connection for the Veteran's lumbar spine disability, finding that it is related to her military service and assigning a grant of all benefits sought.

The Board has determined that the Veteran's service treatment records are unavailable and new medical opinions are needed to address his claims for service connection. The case is being remanded for these purposes.

The Board has remanded several issues related to the Veteran's lumbar spine disability, femoral radiculopathy of the bilateral lower extremities, peripheral neuropathies, and diabetes mellitus with erectile dysfunction. The AOJ is instructed to contact the Veteran's representative for assistance in obtaining his current mailing address and any pertinent private treatment records.

The Board has determined that there is no evidence to support a finding of service connection for the Veteran's right shoulder, left shoulder, back, right ankle, left ankle, left foot and toes, right foot and toes, right knee, or left knee disabilities.,The evidence does not establish a nexus between any diagnosed condition and active service.

The Board has determined that the Veteran's neck, lower back, right knee, and left knee disabilities are related to his service-connected left ankle disability. The VA examinations were inadequate as they did not consider the Veteran's lay statements regarding the onset and continuity of symptomatology.

The Veteran's claims for TDIU and disability ratings are being remanded due to the need to obtain Social Security Administration records.

The Veteran's claim for a certificate of eligibility for specially adapted housing is being remanded due to insufficient evidence regarding the functional impairment caused by his service-connected back disability and associated objective neurological abnormalities.

The Veteran's petition to reopen the claim of service connection for posttraumatic stress disorder was granted, but his claim for service connection itself remains denied.,The Veteran's petition to reopen the claim of service connection for bilateral hearing loss was granted, but his claim for service connection itself remains denied.

The Board has decided that a higher rating for the Veteran's lumbar spine disability is warranted, but needs to obtain additional medical records before making this decision final.

The Veteran's claims for a higher rating for his low back disability and entitlement to TDIU are being remanded due to the need for additional development, including an addendum opinion regarding functional ankylosis.

The Veteran's claims for increased disability ratings for service-connected cervical strain and thoracolumbar strain with lumbar lordosis are remanded due to the need for a new VA examination to assess the current severity of his disabilities.

The Board has found that additional development is needed for the Veteran's claims related to his thoracolumbar spine strain with degenerative arthritis, left lower extremity radiculopathy of the sciatic nerve, right lower extremity radiculopathy of the sciatic nerve, shingles with post-herpetic neuralgia, and bilateral knee disability. The Board has remanded these claims for further development.

The Veteran's IBS and associated fecal incontinence are rated at 30 percent, effective June 1, 2008. A separate 30 percent rating is granted for anal fissures from the same date. The Veteran is granted a TDIU from June 1, 2008 to September 11, 2018.

The Board denied service connection for bilateral hearing loss and degenerative changes of the thoracolumbar spine, finding that there was no evidence to support a nexus between these conditions and active service.

The Board has dismissed the appeals for hypertension and left wrist disability. Service connection is granted for lumbar spine, cervical spine, bilateral shoulder, and right knee disabilities.

The Board has dismissed the Veteran's claims for service connection for Degenerative Joint Disease (DJD) and Degenerative Disc Disease (DDD) with face arthrosis, lumbar spine; residuals of vasectomy; right ankle disability; left ankle disability; and residuals of tailbone injury.

The Veteran's appeal for an earlier effective date for TDIU and DEA benefits was denied. The Board found that the Veteran did not meet the schedular requirements for a TDIU prior to March 1, 2011, but could be granted on an extraschedular basis due to his service-connected disabilities.,The criteria for an effective date before March 1, 2011, for DEA benefits were also denied because the Veteran's combined rating remained at 50 percent prior to that date.

The Board has remanded the Veteran's claims for additional development due to incomplete range of motion testing in his neck and back examinations.

The Veteran's appeal for an increased rating for her service-connected lumbar spine disability is being remanded due to the need for additional development, including a new VA examination and obtaining private medical records.

The Veteran's increased ratings for low back disability and right lower extremity radiculopathy are granted. The issues of service connection for a respiratory disability, obstructive sleep apnea, and TDIU prior to April 4, 2022 remain on appeal.