Back / lumbar spine decisions — 2023

The Veteran's lumbosacral strain is being remanded for a more contemporaneous examination to determine the current severity of her disability. Her TDIU claim is also being remanded due to its interrelated nature with the increased rating claim.

The Veteran's claim for service connection for chronic sinusitis is granted. The claim for service connection for a low back disability is remanded due to inadequate medical opinions.

The Board denied the Veteran's claim for service connection for a low back condition, finding that there was no evidence to support a link between his current condition and his military service. The Board also denied an initial compensable evaluation and a disability evaluation in excess of 10 percent for bilateral hearing loss from August 19, 2022.,The Veteran's lay statements were not given significant weight as he is not competent to provide medical opinions regarding the etiology of his low back condition. The Board found that there was no evidence showing a direct link between his service and his current low back condition.

The Veteran's service connection claim for degenerative disc disease of the lumbosacral spine is granted as it is secondary to a fall during active duty. The claims for left ear hearing loss, chronic headaches, chronic sinusitis, irritable bowel syndrome (IBS), dysentery, left elbow disability, middle back disability, left hip disability, right hip disability, left foot disability, and right foot disability are denied.

The Board has determined that additional evidence, including service treatment records and VA contract examinations, must be considered before a final decision can be made on the Veteran's claims for increased ratings for his lumbar spine condition, right lower radiculopathy of the sciatic nerve, and left lower radiculopathy of the sciatic nerve.

The Board has remanded the Veteran's claims for additional development due to outstanding VA treatment records and incomplete employment information. The issues include rating increases for low back disability, radiculopathy of the left and right lower extremities, and a TDIU claim.

The Veteran's TDIU is granted from November 1, 2017 through May 6, 2022. The Board finds remand necessary for a Sharp compliant examination and opinion regarding the back disability, as well as an assessment of functional ankylosis. Additionally, SMC based on need for regular aid and attendance or by reason of being housebound is also remanded.

The Board has remanded the Veteran's claim for additional development due to inadequate opinions and need for a supplemental statement of the case (SSOC).

The Veteran's service connection claim for migraine disorder is granted. The Board finds that the Veteran's current migraine disorder manifested from an injury during a period of ACDUTRA or INADUCTRA while in the Army Reserves from September 1981 to April 2000. Service connection is also granted for low back disability and left hip disability (trochanteric bursitis).

The Board has remanded the issues of service connection for low back disability, bilateral ankle disability, left foot disability, and acquired psychiatric disorder due to inconsistencies in the Veteran's statements regarding his injuries during service.

The Veteran's back disability and bilateral lower extremity radiculopathy were rated as 10 percent disabling from September 1, 2013, to June 27, 2018. The rating was increased to 40 percent thereafter for the back disability and to 40 percent for each of the bilateral lower extremities.,The Veteran's back disability is rated under Diagnostic Code 5242-5243, which evaluates diseases and injuries of the spine. The current ratings are based on the range of motion measurements from October 2013 VA examination.

The Board denied service connection for a lumbar back disability, finding that the Veteran's current condition is not related to his military service and concluding that any such disability was more likely due to post-service work-related injuries.

The Board denied service connection for a low back disability, finding that the Veteran's current condition is not related to his active service or any service-connected conditions.

The Veteran's disabilities, including vasculopathy and subsequent conditions such as degenerative joint disease, left great toe amputation, hypertension, stroke, pain on the left side of his body, right leg condition, and left leg condition, are not deemed to be proximately due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. Therefore, compensation under 38 U.S.C. § 1151 is denied.

The Veteran's claims for service connection have been reopened, but the issues are being remanded due to the need for additional development of evidence.

The Board has remanded the Veteran's claims for service connection for right knee and lower back disabilities due to insufficient medical opinions addressing the onset of his conditions.

The Board has remanded the claims for further medical development due to inconsistencies in prior VA examinations and the need for consistent findings with established guidelines.

The Board has denied the claims for service connection for a low back disorder, bilateral shoulder disorder, and gastroesophageal reflux disease (GERD) as there is no evidence of a current disability that was incurred or aggravated by service.

The Board has remanded the claims for service connection due to insufficient evidence and inadequate examination. The Veteran's claim is being reopened, but further medical opinions are needed regarding the onset of his disabilities and their relationship to service.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development of his medical records and examinations.