Back / lumbar spine decisions — 2023

The Board has determined that the Veteran's claims for service connection for a back disability, right knee disability, left knee disability, and neck disability are remanded due to new evidence received since the last denial of his petition to reopen. The claims will be reviewed again with additional medical opinions.

The Veteran's claim for service connection for a lumbar spine condition has been reopened due to the submission of new and material evidence. However, the claim remains in remand status as further medical examination is needed to determine if his current disability is related to his military service.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from June 19, 2013, to August 20, 2019. Prior to that date, the criteria for a TDIU rating were not met.

The Veteran's service connection claims for obstructive sleep apnea and a lumbar spine condition are remanded due to the need for additional medical opinions.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and assessments of his service-connected disabilities.

The Veteran's bilateral hearing loss is currently rated as noncompensable prior to January 11, 2020 and 10 percent thereafter. The Veteran's IBS has not been found to meet the criteria for a rating greater than 10 percent.,Service connection for sleep apnea secondary to service-connected PTSD is remanded.

The Veteran's cervical spine disability is granted as service-connected due to an in-service injury.,Service connection for sleep apnea and a bilateral shoulder disability are remanded.

The Veteran's service-connected left lumbar flank scar is granted a 10% disability rating, effective prior to November 22, 2022.

The Board denied the Veteran's claim for service connection for a lumbar spine condition, finding that it was not incurred in or caused by service and is not related to his service-connected bilateral knee disability.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, persistent depressive disorder with anxious distress (claimed as depression and anxiety), left knee disability, and low back disability due to a lack of evidence showing a nexus between these conditions and his military service. The cases are remanded for further development.

The Board has remanded the claims for low back disability, left and right lower extremity radiculopathy due to inadequate VA examinations. The Veteran needs new evaluations to address the issues raised in the Joint Motion for Remand (JMR).

The Veteran's appeal regarding service connection for a back disability and an initial compensable evaluation for bilateral hearing loss is remanded due to the need for additional evidence, including SSA records and medical examinations.

The Veteran's claim for a disability rating in excess of 40 percent for his lumbar spine condition is denied. However, the Veteran is granted a 40 percent disability rating for the period on appeal prior to January 3, 2022.

The Veteran's claim for a higher evaluation of PTSD from August 13, 2018 to July 18, 2019 is granted. The Board has also determined that the Veteran's lumbar spine condition and left leg condition need further development due to conflicting medical opinions.

The Veteran's appeal for service connection for a back disability and hepatitis C is remanded due to the need for additional medical examination and review of records.

The Veteran's low back disability is granted a 30 percent rating prior to April 21, 2021. From that date, the claim for higher ratings remains pending.

A higher rating for the lumbar spine disorder is denied. A 40 percent rating for right lower extremity radiculopathy as of March 30, 2020, is granted.

The Veteran withdrew his appeal before the Board could make a decision. The issues remain unresolved.

The Veteran's lumbar spine disability and bilateral plantar fasciitis have been rated, but the issues of service connection for PTSD and radiculopathy of the lower left extremity (LLE) are remanded. The Veteran also has ongoing issues with shin splints and adjustment disorder.

The Veteran's sleep apnea, lumbar spine disorder, right ankle disorder, and tinnitus are all granted service connection.,Service connection for the left knee disability and bilateral high frequency hearing loss was initially granted in March 1997 with an effective date of December 30, 1996. The Veteran's appeal to increase these effective dates is denied.