Back / lumbar spine decisions — 2023

The Board has remanded the claims for service connection and entitlement to TDIU due to insufficient etiology opinions provided by the VA examiner. The Veteran's lumbar spine disorder is being reviewed again with new evidence.

The Veteran's claim for service connection for bilateral hearing loss was denied, while his claims for tinnitus and intravertebral disc syndrome of the lumbar spine were granted. The Veteran received a 40 percent evaluation for his service-connected intravertebral disc syndrome of the lumbar spine prior to June 15, 2017.

The Board has remanded the claims for service connection for back and right ankle disabilities due to insufficient medical evidence. The Veteran's lay statements will be considered, along with his service treatment records.

The Veteran's service-connected painful joints, hemorrhoids, mechanical low back pain, right knee instability, right knee chondromalacia, and right and left knee degenerative joint disease are all denied. A total disability rating due to individual unemployability (TDIU) is granted.

Service connection is granted for headaches, hypertension, bilateral hearing loss disability, and thoracolumbar spine disorder.,Service connection is denied for hypercholesterolemia (high cholesterol), chronic fatigue syndrome (CFS), RIGHT ankle disorder, LEFT knee disorder, RIGHT knee disorder, radiculopathy of the RIGHT lower extremity, radiculopathy of the LEFT lower extremity, and cervical spine / neck disorder.,Service connection is remanded for radiculopathy of the RIGHT upper extremity and radiculopathy of the LEFT upper extremity.

The Veteran's lumbar intervertebral disc syndrome and degenerative arthritic changes were productive of forward flexion to less than 30 degrees, warranting a 40 percent disability rating.

The Board has dismissed the appeals regarding service connection for low back and right hand conditions as they have been withdrawn by the Veteran.

The Veteran's claim for service connection for an eye disability has been reopened and granted.,The Veteran's claim for service connection for hypertension has been reopened and granted.,The Veteran's claims for service connection for testicular hypofunction with impotence, hyperlipidemia, hypertrophy of the prostate, and a lumbar spine disability have not been reopened or granted.,The Veteran's claim for service connection for chronic kidney disease has been reopened and granted.

The Board has accepted the Veteran's February 2018 Notice of Disagreement as timely filed, finding that there is sufficient evidence to rebut the presumption of regularity in this case. The appeal was granted for some issues and denied for others.

The Veteran's claim for a higher rating for his back disability is denied as the evidence does not show unfavorable ankylosis or functional equivalent thereto.,The Veteran's claims for higher ratings for right and left lower extremity radiculopathy are denied as there is no evidence of complete paralysis, such as foot dangling or loss of active movement.

The Veteran's claim for service connection for right knee osteoarthritis was granted. The issues of service connection for left knee disability and lumbar spine disability are remanded.,Right knee osteoarthritis is found to be related to the Veteran's military service, with frequent stooping, squatting, kneeling, and climbing ladders being contributory factors.

The Veteran's increased disability ratings for left knee and lumbar spine disabilities have been denied.,A total disability rating based on individual unemployability has been granted.

The Board has determined that additional development is needed to fully adjudicate the Veteran's claims, including obtaining SSA records and VA treatment records. The Veteran will be provided with VA examinations for his claimed disabilities.

The Veteran's service connection claims for vitiligo, allergic rhinitis, low back disability, left hip disability, gastroesophageal reflux disease (GERD), and migraines with nausea and dizziness are all denied. The Board has determined that the evidence is insufficient to establish service connection for these conditions.,The Veteran's claim for an initial rating in excess of 10 percent for allergic rhinitis is also denied. The evidence indicates that her allergic rhinitis manifested as allergic rhinitis without polyps, but with greater than 50 percent obstruction of the nasal passage on both sides.,Service connection claims for a low back disability and left hip disability are remanded. A VA examiner will be asked to determine whether it is clear and unmistakable that the Veteran's preexisting scoliosis was not aggravated beyond its natural progression by her active duty military service.,The Veteran's claim for gastroesophageal reflux disease (GERD) and migraines with nausea and dizziness are also remanded. A VA examiner will be asked to determine whether these conditions were incurred in, or related to, her active duty service.,PACT Act exposure is not applicable to any of the claims.,No rating assigned as all issues are currently denied.

The Board has remanded the claims for lumbar spine DJD, associated RLE and LLE neurologic impairment, and migraine headaches due to non-compliance with previous remands. Additional development is needed including obtaining medical records and arranging a VA examination.

The Board has granted service connection for right shoulder strain and thoracolumbar spine degenerative arthritis, finding that the Veteran's conditions are related to his active duty service.

The Veteran's claim for service connection for a low back disorder and lumbar spine degenerative disc disease was reopened, and the Board found that these conditions are secondary to his service-connected knee disabilities. Service connection is granted.

The Board has remanded the Veteran's claims for lumbar spine disability, right knee disability, and left knee disability due to a lack of service treatment records. The Veteran contends that his current disabilities are related to in-service jumping from military vehicles with heavy equipment.

The Board denied the Veteran's claims for service connection and increased rating for her low back disability, right knee disability, and left knee disability. The evidence did not support a finding that any of these conditions were related to military service.

The Veteran's right shoulder, left shoulder, right knee, and left knee disabilities are denied as service connection is not warranted.,The Veteran's sleep apnea is denied as it is not proximately due to or aggravated by his PTSD.,The Veteran's bilateral blepharitis and early cataracts are denied as they are not etiologically related to service.