Back / lumbar spine decisions — 2023

The Veteran's claim for service connection of various conditions, including left ankle condition, bilateral hearing loss, tinnitus, left arm condition, episodes of visual loss (floaters), arteriosclerotic heart disease, diabetes mellitus type II, headaches, and nerve damage is granted. The AOJ should arrange for VA examinations to determine the nature and likely cause of these conditions.

The Veteran's appeals for increased ratings on multiple knee and foot conditions have been dismissed due to withdrawal of the appeals by the Veteran.,A new examination is required for bilateral plantar fasciitis with pes planus and thoracolumbar strain with mild degenerative disc disease.

The Veteran's PTSD is granted as service-connected, with the Board finding that his reported stressors during service are sufficient to support a diagnosis of PTSD.,Service connection for right ear hearing loss disability is denied due to lack of current evidence meeting VA criteria for a disability. The Veteran does not have a current diagnosis of right ear hearing loss for VA purposes.

The Board has remanded the Veteran's claims for service connection for right shoulder, lumbar, cervical neck, right knee, and left knee disorders due to inadequate etiological opinions.

The Board denied service connection for a low back disability, including as secondary to the service-connected right knee disability. The Veteran's claim was also denied for increased ratings for his left and right knee disabilities.

The Board has remanded the Veteran's claims for additional development due to deficiencies in previous examinations and because of the interrelated nature with his TDIU claim.

The Veteran's claim for a higher rating for his lumbar spine disability is denied as of November 5, 2022. The Board has found that the evidence does not support a change to the assigned 20 percent rating due to lack of functional limitation significant enough to more nearly approximate flexion restricted to 30 degrees or favorable ankylosis of the entire thoracolumbar spine. The claim for a higher rating prior to November 5, 2022 is remanded as the VA examination did not provide an opinion regarding the severity during flare-ups and after repeated use over time throughout the period on appeal.

The Board has remanded the claims for increased ratings for lumbar and cervical spine conditions due to lack of substantial compliance with previous remand orders.

The Veteran's claims for a higher rating for his lumbar spine disability and TDIU are being remanded due to the need for additional examinations and evaluations.

The Board has remanded the claims for bilateral hearing loss, lumbar spine disability, right and left foot disabilities, and hypertension due to inadequate examinations.

The Board has granted service connection for tinnitus and denied service connection for low back disability, bilateral hearing loss, prostate disease, kidney disability, and food allergies. The Veteran's PTSD rating was reduced from 70% to 50%, effective February 11, 2021.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbar spine is being remanded due to inadequate examination findings and questions regarding functional loss.

The Veteran's claims of service connection for low back and right knee disabilities were initially denied, but new and material evidence has been submitted to reopen these claims. The Board finds that the reopened claims are granted. However, the claims for service connection remain on remand due to insufficient medical opinions regarding the onset and aggravation of the conditions.

The Veteran's hypertension was granted on a direct basis. The Board found that the probative evidence supported the claim, as there is enough epidemiological evidence to support a positive association between in-service herbicide agent exposure and hypertension.

The Veteran's claim for a higher rating for IVDS of the lumbar spine with degenerative disc disease prior to January 15, 2021 and beginning January 15, 2021 is denied. The current ratings are found to be appropriate.

The Board has determined that there was not substantial compliance with its December 2022 remand directives and thus the claims for thoracolumbar spondylosis, onychomycosis (claimed as toe fungus), xeroderma of the bilateral feet, obstructive sleep apnea (OSA), hypertension, and migraines are being returned to the RO for further development.

The Board denied the Veteran's claim for service connection for a lumbar spine disability and granted an increased rating of 10 percent for atopic dermatitis. The decision on the service connection issue is final, while the increased rating remains pending.

The Veteran's appeal for increased ratings for back disability and right lower extremity radiculopathy was denied. The Board found that the evidence did not meet the criteria for a higher rating under either the General Rating Formula or the Formula for Rating IVDS Based on Incapacitating Episodes.

The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine and bilateral radiculopathy, render him unable to secure or follow a substantially gainful occupation. As his combined rating is at least 70%, TDIU has been granted.

The Veteran's bladder and bowel impairment is related to his service-connected lumbar spine disability, and the Board has granted service connection for this condition.