Back / lumbar spine decisions — 2023

The Board has granted the Veteran's claim for service connection for low back disability, finding that symptoms of a low back condition began during service and have been present since service separation. The decision resolves reasonable doubt in favor of the Veteran.

The Veteran's combined service-connected disabilities prevent him from securing and following a substantially gainful occupation consistent with his education, skills, training, and work history.

The Veteran's claim for a compensable rating for bilateral hearing loss was denied as his bilateral hearing loss is manifested by no worse than Level II hearing in the right and left ears.,The Veteran's claim for a rating in excess of 40 percent for lumbosacral strain with DDD was remanded due to insufficient medical evidence linking bowel incontinence to his service-connected back disability.

The Board has remanded the Veteran's claims of service connection for bipolar disorder and a back condition due to incomplete medical records, lack of VA examinations, and need for additional lay statements.

The Board has denied service connection for bilateral hearing loss due to a lack of evidence showing the presence of a disability for VA compensation purposes. The Veteran's claims for service connection for bilateral foot, low back, and left knee conditions are remanded for additional development.

The Veteran's claim for peripheral neuropathy was denied. The back disability is rated at 40 percent since May 9, 2001. Separate ratings of 20 percent are granted for left and right lower extremity radiculopathy affecting the sciatic and femoral nerves respectively. Service connection is established for Haglund's deformities of both heels.

The Board has remanded the cases due to inadequate compliance with prior remand directives, specifically regarding the opinions provided by VA examiners. The Veteran's claims for service connection are now pending and will be reconsidered.

The Veteran's claims for increased ratings for his lumbosacral spine disability and right lower extremity radiculopathy have been denied. The Board found that the evidence did not support a higher rating based on unfavorable ankylosis or incapacitating episodes.

The Board has granted service connection for ulcerative colitis. The back disability and numbness of the hands and fingers claims are remanded.

The Board has remanded the Veteran's claims for service connection for a back disability and frostbite residuals of bilateral feet due to insufficient evidence regarding their etiology.

The Board has determined that the withholding of VA disability compensation benefits for training days in FY 2010, FY 2009, and FY 2008 was proper due to concurrent receipt of military pay. The appeals are denied.

The Board has remanded the cases due to the need for more contemporaneous examinations to determine the current level of severity of all impairment resulting from service-connected right and left shoulder rotator cuff tear and back disability.

The Veteran's service-connected disabilities, including PTSD, major depressive disorder, DDD of the lumbar spine, IVDS, and various knee conditions, have rendered him unable to secure or follow substantially gainful employment since July 9, 2018.

The Board has remanded the cases for additional development, including obtaining updated VA treatment records and a VA medical examination to assess the Veteran's employment capacity due to his service-connected disabilities. The issues of rating left ankle chronic ligament strain and TDIU are inextricably intertwined.

The Board has granted service connection for lumbar spine disability and denied service connection for myalgia. The lumbar spine disability is found to be related to service, while the myalgia is not secondary to any service-connected condition.

The Board has decided to remand the claims for service connection for neck, back, and right arm disorders due to insufficient consideration of secondary service connection.

The Veteran's claims for service connection are being remanded due to uncertainty regarding his complete service treatment records and Army National Guard records. The Board will need to obtain these records and conduct further development, including obtaining an examination if necessary.

The Board has decided to remand the Veteran's claim for service connection for intervertebral disc syndrome and degenerative arthritis of the lumbar spine due to new evidence associated with his case, specifically in-service complaints of back pain. The VA examiner is requested to provide an opinion on whether these conditions are related to service.

The Board denied service connection for a back disability and a headache disorder, finding that the Veteran did not meet the criteria for direct service connection due to lack of evidence linking these conditions to his military service.

The Board has denied service connection for the claimed conditions as they are not shown to be causally or etiologically related any disease or injury during a period of active duty, active duty for training (ACDUTRA), or inactive duty for training (INACDUTRA).