Back / lumbar spine decisions — 2023

The Board has granted service connection for lumbar spine, cervical spine, and right knee disabilities.,These conditions are deemed to be directly related to the Veteran's military service.

The Board has denied the Veteran's claims for service connection for right knee disorder, lower back disorder, and bilateral shin splints due to a lack of persuasive evidence linking these conditions to his military service.

The Veteran's back disability is granted a 40 percent rating effective August 26, 2022. The left lower extremity radiculopathy is granted a 20 percent rating effective August 26, 2022.

The Veteran was unable to secure and follow a substantially gainful occupation due to his service-connected back and heart disabilities from August 25, 2014, to March 21, 2016.

The Veteran has met the schedular criteria for TDIU due to her service-connected disabilities, but she is not unemployable as her disabilities do not prevent her from securing and following a substantially gainful occupation.

The Board has decided to remand the case due to insufficient evidence of current severity for the Veteran's lumbar spine disability, and a new VA examination is required.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has determined that there are new and material evidence to reopen the claims for service connection for low back disability and respiratory disability. However, further development is needed as the AOJ must provide a supplemental statement of the case (SSOC) with any newly submitted evidence.

The Board has decided to remand the case due to insufficient evidence regarding the severity of the Veteran's lumbar spine disability and its impact on his ability to function. The Veteran will need a new examination to assess these factors.

The Board has remanded the case for a new VA examination to determine if the Veteran's right knee disability is related to service. The current appeal remains pending and will be reconsidered after the additional development.

The Veteran's left elbow status-post avulsion fracture, lumbosacral strain, and cervical strain have been granted service connection with a noncompensable rating. The Veteran's acquired psychiatric disability has also been granted service connection.

The Veteran's claims for higher initial ratings for his service-connected lumbar strain with spondylolysis and grade spondylolisthesis at L5-S1, and right hip degenerative arthritis are being remanded due to the need for additional examinations to assess the severity of these disabilities.

The Veteran's lumbar spine disability was previously rated at 20 percent, and the Board denied a higher rating as there were no incapacitating episodes or ankylosis.

The Board has granted service connection for the Veteran's low back disability, finding that it had its onset during active military service and is related to his in-service occupational duties.

The Board has remanded the claims for service connection for tinnitus, right shoulder disability, left shoulder disability, and back disability due to insufficient evidence.,Specifically, the Veteran's claims are being returned for further development as requested by the Board.

The Board has denied the Veteran's claims for service connection for left wrist and lumbar spine disabilities, finding that there is no credible evidence linking these conditions to his military service.

The Board denied service connection for cervical spine disability, finding that the current diagnoses do not meet the criteria for direct service connection due to lack of in-service disease or injury and insufficient evidence linking the current condition to military service.

The Board has remanded the Veteran's claims for GERD, sleep apnea, back condition, left thigh condition, and left knee condition due to inadequate medical examination and lack of substantial compliance with May 2022 remand instructions.

The Board has denied a compensable rating for bilateral hearing loss and has remanded the issues of service connection for low back disability and right sacroiliac joint dysfunction (claim as a right hip disability).

The Board has remanded the case for new VA examinations to determine if the Veteran's current spinal and shoulder conditions are related to his in-service motor vehicle accident. The previous VA examinations were deemed inadequate due to lack of thoroughness and consideration of the Veteran's pain reports.