Back / lumbar spine decisions — 2023

The Veteran's low back disability has not resulted in forward flexion of the thoracolumbar spine to 30 degrees or less, which is required for a higher rating.

The Veteran's claim for an increased rating for his service-connected low back disability is being remanded due to non-compliance with previous Board directives and the need for a new VA examination.

The Board has remanded the case for a new examination to assess the current severity of the Veteran's lumbar spine disability and radiculopathy in the lower extremities.

The Veteran's lower back disability is denied as it did not manifest in service or for years thereafter and is not otherwise etiologically related to his active service.,The Veteran's bilateral hearing loss is denied as there is no current degree of hearing loss that constitutes a disability under VA regulations.

The Board has remanded the service connection issues for additional development, including obtaining new VA medical opinions regarding the etiology of the claimed back disorder, bilateral lower extremity radiculopathy, and diabetes disorders.

The Veteran's cervical spine disability is granted a 20 percent rating prior to July 16, 2020 and denied for ratings in excess of 20 percent thereafter. Other issues are remanded for further evaluation.

The Board has remanded the cases for further development and examination, including obtaining service personnel records, treatment records, verification of stressors, and examinations to determine if current disabilities are related to service.

The Board has remanded the Veteran's claims for higher ratings for his lumbar spine disability, left and right lower extremity sciatic nerve radiculopathy, and bilateral lower extremity femoral nerve radiculopathy. The issues are being remanded due to inadequate development in the March 2023 remand order.,The Veteran's TDIU claim prior to July 13, 2015 is also being remanded as it is inextricably intertwined with the other claims.

The Veteran's service connection claims for a back disability and an acquired psychiatric disorder have been granted. The Veteran is also granted a total disability rating from October 1, 2016 for his acquired psychiatric disorder. However, the Veteran's claims for left knee and right knee disabilities are remanded.

The Veteran's lumbar spine disorder and RUE scars are not service-connected as they did not manifest during or within one year after service. The Board found the evidence insufficient to establish a nexus between these conditions and service.,For his eye disorder and tinnitus, the Veteran needs further examination and opinion regarding their etiology.

The Veteran withdrew his appeals for the claims of service connection for a back condition, bilateral knee condition, bilateral hearing loss, and sleep disturbances.

The Board has granted service connection for the Veteran's low back disability, finding that it is related to his in-service injuries and has persisted since then. The decision also acknowledges the Veteran's self-reported symptoms and treatment.

The Board has ordered remand for further development due to inadequate compliance with previous remand directives regarding the Veteran's service connection claims for various knee, hip, back, and sciatic nerve disorders.

The Veteran's service connection claims for allergic conjunctivitis, rhinitis, degenerative arthritis of the thoracolumbar spine, sacroiliac joint dysfunction, and left knee patellofemoral pain syndrome are remanded due to inadequate examination reports. The Veteran will be provided with a new VA examination to address these issues.

The Board has remanded the issues of a rating in excess of 10 percent prior to February 10, 2020, and in excess of 20 percent on and after February 10, 2020, for lumbar spine strain and a TDIU due to scheduling conflicts.

The Veteran's lumbar spine disability was granted a 40 percent rating from June 1, 2022 to September 1, 2023. The compensable rating for left ilio-inguinal neuralgia remains denied.

The Veteran's appeal of the ratings assigned for his lumbar spine, left and right lower extremity radiculopathy, and left and right knee osteoarthritis has been dismissed as the award of a TDIU effective March 2, 2012 satisfies the Veteran's appeals.

The Veteran's claims for multiple myeloma, neck disability, low back disability, and skin cancer have been granted on the basis of service connection due to herbicide exposure under the Blue Water Navy Act.,Service connection is established for multiple myeloma as a result of herbicide exposure during active duty. The claim was reopened based on new evidence showing the Veteran's neck disability may be related to his multiple myeloma.

The Board denied the Veteran's claims of service connection for left knee, right knee, and back disabilities as there was no evidence linking these conditions to his military service.

The Board has denied the Veteran's claims for service connection for lumbosacral strain and obstructive sleep apnea, finding that there is no persuasive evidence linking these conditions to his military service.