Back / lumbar spine decisions — 2023

The Veteran's service connection claims for bilateral hearing loss, left ear tympanic membrane scar, lumbar spine disorder, and cervical spine disorder are being remanded due to the need for additional medical opinions.

The Veteran's appeal for a higher rating for somatic symptom disorder with predominant pain is denied as the symptoms do not meet or approximate the criteria for a 100 percent disability rating.,The Veteran's DDD claim is remanded to obtain clarification of his radicular symptoms and assess the severity, frequency, and duration of flare-ups.

The Veteran's claim for service connection for a separate headache disability is denied as her headaches are considered part of her existing service-connected sinusitis.,The Veteran's psychiatric disorder does not meet the criteria for an increased rating, as it does not result in occupational and social impairment with reduced reliability and productivity.

The Board has remanded both claims for service connection due to the need for VA examinations.

The Board has granted service connection for tinnitus and a low back disability, finding that the Veteran's current conditions are at least as likely as not related to his military service. However, service connection was denied for bilateral hearing loss.

The appeal for service connection of loss of use of bilateral lower extremities due to tetraplegia as secondary to degenerative joint disease, thoracolumbar spine is dismissed because the appellant died during the pendency of the appeal.

The Board has determined that there are pre-decisional duty to assist errors in the rating decisions regarding service connection for IBS, low back disability, and TDIU. The claims are being remanded to obtain additional medical opinions and evidence.

The appeals for service connection of various conditions have been denied as no new and relevant evidence has been received to support the claims. The appeal for bilateral feet disabilities is being remanded due to inadequate examination.

The Veteran's service connection claims for RLE and LLE sciatic radiculopathy, as well as the left knee scar, were granted with effective dates of October 9, 2019. The right knee disability and thoracolumbar spine disability received their initial effective date on October 19, 2012.

The petition to readjudicate the previously denied service connection claim for a low back disability is denied. The Board has found that new and relevant evidence was not received, and thus the claim cannot be readjudicated under the Appeals Modernization Act (AMA). The remand of the petition to adjudicate the psychiatric disability requires further action by the AOJ in obtaining service treatment records related to a psychiatric hospitalization during service.

The Board's decision to dismiss the service connection claims was vacated due to a pending substitution claim by the appellant.

The Board has determined that the Veteran's lower back disorder is related to his military service and grants entitlement to service connection.

The Board has denied a rating in excess of 20 percent for the Veteran's service-connected status post fracture, transverse process L3, L4, L5 with degenerative disc disease. The claim is being remanded due to issues related to total disability rating based on individual unemployability.

The Veteran's claim for an effective date prior to June 30, 2022, for the grant of a TDIU on an extraschedular basis is being remanded due to a duty to assist error. The Board finds that there is a reasonable possibility that he was unemployable by reason of service-connected disabilities during this period.

The Veteran's claims for service connection for cataracts, hypertension, a lung disorder, a lumbar spine disorder, right hip disorder, left hip disorder, right knee disorder, and left knee disorder are all denied as there is no evidence of in-service incurrence or continuity of symptoms post-service.

The Board denied the Veteran's claim for service connection for a lower back condition and also denied his claim for TDIU due to his prostate cancer residuals.

The Board has granted an earlier effective date of October 30, 2017 for service connection and a disability rating of 40 percent for lumbar strain with mild congenital rotodextro-scoliosis from that date.

The Board has granted the Veteran's claim for service connection for a lumbar spine disability, including degenerative arthritis of the spine and right lower extremity radiculopathy. The decision is based on evidence showing that the Veteran had in-service back pain and current diagnoses of degenerative arthritis and radiculopathy.

The Board has denied the Veteran's claim for service connection for back disorder, including thoracolumbar degenerative disc disease, degenerative arthritis and spinal fusion. The VA examiner concluded that the preexisting lumbar spine condition identified on entry was not aggravated by any in-service illness or injury.

The Veteran's appeals for skin issues, lumbar and thoracic spine disability, and right shoulder disability have been withdrawn. The Board has remanded the claims of service connection for these conditions.