Back / lumbar spine decisions — 2023

The Board has remanded several issues related to the Veteran's service connection claims due to failure to provide VA examinations as required by law. The specific issues include tinnitus, dizziness, headaches, low back disability, right and left knee disabilities, erectile dysfunction, and gum disease.

The Veteran's service-connected disabilities have not been shown to render him unable to secure and follow a substantially gainful occupation, thus his claim for TDIU is denied.

The Veteran's claims for higher ratings and earlier effective dates have been denied. The effective date of the service connection awards is set at December 20, 2013.

The Board has remanded the Veteran's claims for service connection due to in-service injury and subsequent amputations, chronic pain conditions, and secondary disabilities. The issues are intertwined and require additional medical opinions.

The Veteran's lumbar strain with IVDS is rated at 40 percent effective December 3, 2019.

The Board has remanded the claims for service connection for lumbar intradural lesion, to include tumor, and epidermoid cysts due to inadequate medical opinions provided in previous VA examinations. The Veteran deserves additional examination with a complete rationale.

The Veteran's back disability is currently rated at 20 percent, but the Board finds that it does not warrant a higher rating due to limited flexion.,The Veteran's right knee disability is currently rated at 10 percent, and the Board finds no basis for a higher rating based on current evidence.,The Veteran's left knee disability is currently rated at 10 percent, and the Board finds no basis for a higher rating based on current evidence.

The Veteran's claim for a compensable rating for bilateral hearing loss was denied. The Board found that the evidence did not meet the criteria for a compensable rating.,New and material evidence has been received to reopen the claim for service connection for skin cancer, which is presumed due to in-service exposure to toxic chemicals like tetrahydro fluorine.

The Veteran's scoliosis is granted as secondary to his service-connected closed fracture, lumbar vertebrae. The issues of initial ratings for the other conditions are remanded.

The Veteran's claims for increased disability ratings for service-connected cervical spine conditions and lumbar sprain are being remanded due to the need for additional medical examination and translation of records.

The Board has remanded the Veteran's claims for service connection for lumbar spine, thoracic spine, right hip, left hip, right knee, and left knee disabilities due to outstanding VA treatment records not being obtained. The Veteran will be scheduled for a VA examination to determine the etiology of any diagnosed disability.

The Board has decided that the issue of entitlement to service connection for a lower back disability needs further review and requires additional medical evidence.

The Board has granted the Veteran's application to reopen his claim for service connection for back disability and has determined that a new and material evidence was submitted, thus allowing him to proceed with his claim. The Board also found that there is reasonable doubt in favor of the Veteran regarding whether his current back disability had its onset during his period of INACDUTRA (inactive duty training) while serving in the military.

The Board has remanded the claims for a low back disability and a chronic right leg disability due to incomplete development of records, including treatment from private providers. The Veteran's service connection claim will be reconsidered with new evidence.

The Board has granted service connection for a low back condition, but has remanded the issue of service connection for a left knee condition due to insufficient medical opinion regarding its etiology.

The claim for service connection for left great toe ingrown toenail has been reopened and granted. The claims for general osteoarthritis, low back spina bifida, right hip disability, right hip shorter than left leg, right knee disability, left knee disability, right ankle disability, left foot arthritis, chronic congestive heart failure, atrial fibrillation, hypertension, thyroid disability, edema, and skin irritation have all been denied.

The Board has granted service connection for a cervical spine disability and remanded the issues of evaluating lumbar radiculopathy.

The Veteran's lumbar spine disorder, diagnosed as degenerative arthritis of the lumbar spine with RLE radiculopathy, is granted service connection. Service connection for a cervical spine disorder and left lower extremity radiculopathy (secondary to lumbar spine disorder) are remanded. Service connection for psychiatric disability (secondary to lumbar spine disorder) is also remanded.

The Board has remanded the case due to the Veteran's failure to cooperate with scheduling of a VA examination. The case will be returned for further development.

The Board has determined that the Veteran's low back disability is etiologically related to his active duty service and granted service connection for this condition.