Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for further development due to incomplete verification of periods of active duty and inactive duty training, as well as issues related to service connection for various disabilities. The Veteran is also seeking a TDIU prior to April 26, 2010.

The Veteran's claims for increased ratings and earlier effective dates were denied. The rating for the back disability was denied as it did not meet the criteria for a higher rating prior to January 21, 2020, and thereafter. Other claims for increased ratings or earlier effective dates were also denied.

Service connection for sleep apnea was denied.,Radiculopathy of the right and left lower extremities were granted with a rating of 20 percent, but no higher.

The Board has remanded the cases for further development due to incomplete compliance with previous remand directives and because the issues are inextricably intertwined.

The Veteran withdrew his appeal due to the grant of maximum ratings for his service-connected conditions, including lumbar spine degenerative arthritis and irritable bowel syndrome with gastroesophageal reflux disease.

The Veteran's appeal for a higher rating for PTSD prior to September 8, 2021 was denied. The Board also remanded the issue of service connection for a low back condition due to its secondary nature.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment since September 28, 2019.

The Board has determined that the Veteran's back disorder, diagnosed as thoracolumbar strain, is at least as likely as not related to his active duty service and granted service connection for this condition.

The Veteran's claims for service connection for gastroesophageal reflux disease with esophagitis and dermatitis of the scalp, claimed as a head fungus, are granted. The issues of service connection for an acquired psychiatric disorder (including PTSD) and bilateral shin splints remain pending.

The Veteran's claim for payment or reimbursement of non-VA medical care provided at Parkwest Medical Center in Knoxville, Tennessee, on July 30, 2018 is granted. The decision was based on the fact that the treatment was rendered due to a service-connected disability and that delay would have been hazardous to life or health.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and bilateral lower extremity disabilities are being remanded due to inconsistencies in the examination report. A new VA examination is needed to address the current nature and severity of his disabilities.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examination. The effective date claim is also being remanded as it is inextricably intertwined with the other issues.

The Board has granted service connection for degenerative disc disease of the cervical spine and dismissed the claim for a right ankle disability.

The Veteran's depressive disorder and degenerative disc disease of the lumbar spine are rated at their maximum levels. The Board has granted a TDIU based on her service-connected conditions.

The Board has granted the Veteran's claims for service connection for a lumbar spine disability and has dismissed his lung disability claim. The decision also reopened the previously denied claim of service connection for a lumbar spine disability.

The Veteran's appeals for increased evaluation of lumbar spine disability, service connection for chronic fatigue syndrome, and bilateral hearing loss disability have been withdrawn. The appeal for service connection for arthralgia, bilateral knees has been reopened and granted to limited extent due to new evidence received since the July 2007 denial.

The Veteran's right knee disability status post total knee replacement is granted as service connection. The Veteran's left ear hearing loss, cervical/lumbar spine disability, hypertension (HTN), and abnormal heart rate are denied.

The Veteran's IBS was granted service connection due to its presumptive nature under the Gulf War veteran provisions. Service connection for Chronic Fatigue Syndrome and Low Back Disability were denied as they are not considered separate disabilities.

The Veteran's special monthly compensation based on the need for aid and attendance has been granted, effective from his death in December 2021.

The Board has determined that new evidence has been submitted and the claims for service connection must be remanded to allow for further review by the AOJ.