Back / lumbar spine decisions — 2023

The Veteran's lumbosacral strain with degenerative disc disease and spondylosis of thoracic spine have been rated at 10% each since March 29, 2002. The current appeal seeks an evaluation in excess of the existing ratings.

The Veteran's service connection for sleep apnea is granted, while his claims for bilateral hearing loss and right tibia strain are denied. The initial rating for post-laminectomy syndrome of the lumbar spine remains at 20 percent, and the initial ratings for PTSD and major depressive disorder remain at 70 percent.

The Board has remanded the claim for a back disability due to service, as it needs an opinion considering the Veteran's lay statements about his in-service duties.

The Board has determined that the Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to July 30, 2021.

The Veteran's claim for service connection for a back disability was not reopened, and the appeal is denied.,The Veteran's claim for an increased rating for bilateral hearing loss remains denied.,The Veteran's claim for an earlier effective date for the grant of a 20 percent rating for bilateral hearing loss is also denied.,The Veteran's claim for service connection for hypertension has been remanded.

The Board has remanded the Veteran's claim for a lumbar spine disability due to potential preexisting conditions and lack of clear and unmistakable evidence (CUE) that the condition was aggravated by service. The case is sent back for an adequate medical opinion.

The Board has remanded the Veteran's claims for service connection for left hip and back disabilities due to incomplete service treatment records, credible lay statements of in-service injury, and insufficient medical evidence. A VA examination is needed to determine if these conditions are related to military service or other factors.

The Board has reopened the Veteran's claims for service connection for lumbar spine, cervical spine, and residuals of a head injury disabilities. However, further development is needed as VA examinations are required to determine if these conditions are related to service.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of a chronic disease during service or within one year after separation. The Board also found the Veteran's statements regarding in-service back pain to be uncredible and insufficient to establish service connection.

The Veteran's anxiety and service connection for hypertension (claimed as high blood pressure) are granted. The restoration of evaluations for various knee conditions, including trochanteric bursitis and patellofemoral arthritis, is also granted.

The Veteran's service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment from April 11, 2014 to November 6, 2017.

The Board has remanded the Veteran's claims for increased ratings and service connection due to unclear records regarding when functional ankylosis began, inadequate VA examination reports, and the need for additional medical opinions on the etiology of his disabilities.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of a chronic back condition during or within one year after active service and concluding that any current lumbar spine disability is more likely related to aging and previous employment rather than in-service injury.

The Board has remanded several claims for further development, including those related to insomnia disorder, erectile dysfunction, chronic fatigue syndrome, blackout spells, DDD of the cervical spine, pinched nerve as secondary to DDD of the cervical spine, right carpal tunnel syndrome, and right shoulder disability. The Veteran's hypertension claim is also being remanded.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for right leg length shortening and degenerative arthritis of the lumbar spine. The claims are being remanded for further development, including obtaining medical opinions regarding the nature and likely cause of any diagnosed conditions.

The Veteran's claim for service connection for bilateral hearing loss is denied. The claims for initial ratings for right ankle strain, left ankle tendonitis, and lumbosacral strain (IVDS) are granted with specific disability ratings. The claim for a compensable rating for the service-connected left ankle scar is denied. The claims for initial ratings for right and left lower extremity radiculopathy of the femoral nerves remain pending.

The Board has reopened the Veteran's claims for service connection for back and right shoulder disabilities due to new evidence submitted since the last final denial. However, these claims are still remanded as further development is needed including obtaining VA treatment records and providing a medical examination.

The Board has remanded the claims for service connection due to a lack of VA examination and medical opinion regarding the Veteran's claimed thoracolumbar disability and bilateral ankle disability. The appellant is requested to provide any available records related to the Veteran's 2012 low back injury, and an addendum medical opinion is needed to address the nature and etiology of these disabilities.

The Veteran's claims for service connection for low back pain, neck pain, lumbar disc degeneration radiculopathy, and left-sided hemiparesis are being remanded due to the need for additional examinations and etiology opinions.

The Veteran's claims for PTSD, depression, and low back disorder have been reopened due to the submission of new evidence. The cases are being remanded for further examination and opinion regarding service connection.