Back / lumbar spine decisions — 2023

The Board has dismissed the appeals for service connection of heart disorder, diabetes mellitus, and degenerative disc disease due to the Veteran's death.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not meet the criteria for a current disability.,Service connection has been granted for tinnitus, with the presumption of service connection due to its chronic nature and continuity of symptoms since service.

The Veteran's lumbar condition is being remanded for further development due to a duty-to-assist error, including obtaining an addendum VA opinion and possibly a new examination.

The Veteran's midline low back scar is rated as noncompensable, and the Board finds no basis for a compensable rating under any applicable diagnostic codes.

The Veteran's income from VA compensation benefits is greater than the maximum annual pension rate (MAPR) for a single Veteran who is not housebound or in need of aid and attendance. Therefore, he cannot receive a nonservice-connected pension.

The Veteran's claims for increased disability evaluations and earlier effective dates for service connection were denied. The maximum schedular rating available for tinnitus is 10 percent, which the Veteran already has.

The Board has decided that the Veteran's spinal stenosis with DDD and bilateral lumbar radiculopathy should be remanded for further examination to determine if it is related to service or secondary to his service-connected knee and shoulder disabilities. The total disability rating due to individual unemployability issue is also being remanded.

The Board has determined that the Veteran's cervical spine disability is not related to his active-duty service and therefore denied his claim for service connection.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a TDIU rating based on these conditions.

The claims for service connection of various conditions are being remanded due to the failure to provide proper notice and assistance prior to the April 2020 rating decision.

The Veteran's TDIU is denied as he did not meet the schedular requirements for a TDIU prior to January 1, 2021. The effective date of the award of SMC based on statutory housebound criteria is granted.,The Veteran does not have any service-connected conditions that qualify under the PACT Act, Agent Orange, Camp Lejeune, or radiation exposure.

The Board has reopened the claims for service connection for a bilateral knee disability, vertigo, and skin disability due to new and material evidence. Service connection is granted for these conditions. The claim for service connection for a psychiatric disorder and a lumbar spine disability remains pending as remanded.

The Board has remanded the case due to insufficient compliance with a previous remand directive, specifically regarding the need for an adequate statement of reasons or bases as it related to the claim on appeal.

The Veteran's cervical spine disability is being remanded for an addendum medical opinion to determine if it has been aggravated by his service-connected thoracolumbar spine degenerative disc disease.

The Board has determined that the Veteran's service-connected disabilities render him unable to obtain and maintain gainful employment due to his back, right lower extremity radiculopathy, and bilateral knee conditions. The decision grants a TDIU on an extraschedular basis.

The Board dismissed the claim for an evaluation in excess of 40 percent for lumbar strain with degenerative joint/disc disease and intervertebral disc syndrome due to a withdrawal by the Veteran. The claims for increased ratings for unspecified depressive disorder are remanded, as is the TDIU claim.

The Veteran's bilateral shoulder disability, low back disability, and hypertension are being remanded for further development as new evidence has been received.,Specifically, the RO needs to obtain VA examination records from September 2018 and private medical records from Dr. J.E.

The Board has denied an initial rating greater than 20 percent for right shoulder strain and has remanded the issues of service connection for knee disorders, OSA, diabetes, and a psychiatric disorder. The Veteran's claims are pending further development.

The Veteran's service-connected disabilities, including PTSD, right ear pain, lumbar spine disability and left shoulder disability, were found to be of such severity as to preclude him from obtaining or maintaining substantially gainful employment. The appeal for a rating in excess of 10 percent for chronic, atypical ear pain with tinnitus was dismissed due to the Veteran's withdrawal request.

The Veteran's claim for PTSD was denied due to lack of current diagnosis. The claims for a back condition and fibromyalgia were reopened based on new evidence, but service connection is not granted as there is no established link between the conditions and service.