Back / lumbar spine decisions — 2023

The Board has granted service connection for the Veteran's low back disability, finding that it is proximately due to or aggravated by his service-connected right knee disability.

The Board has granted service connection for the Veteran's chronic back pain with right lumbar radicular pain symptoms and disk bulge at L5, finding that his current disability is related to an in-service injury.

The Board has granted the Veteran's claim for service connection for right knee disability as secondary to his service-connected left knee and back disabilities, after considering all evidence in favor of the Veteran.

The Board has remanded the Veteran's claims for service connection for sleep apnea, left shoulder disability, lumbar spine disability, and bilateral knee disabilities due to a lack of VA examinations.

The Board has remanded the claims of service connection for various knee and ankle conditions, as well as a compensable rating for erectile dysfunction due to new evidence being submitted.

The Veteran's bilateral hearing loss and tinnitus are granted as service connected. The remaining issues of service connection for back, left shoulder, right ankle, and left foot/toe disabilities are remanded.

The Board has remanded the claims for a higher disability rating and TDIU due to an error in interpreting Diagnostic Code 5243, inadequate examination report, and issues of functional loss during flare-ups. A new VA examination is required.

The Board denied the Veteran's claim for a TDIU prior to July 27, 2015 due to insufficient evidence showing that she was unable to secure or follow substantially gainful employment due to her service-connected disabilities.

The Veteran's claim for bilateral hearing loss is denied as there is no evidence of a current disability.,The Veteran's stomach condition is remanded to obtain an opinion regarding direct service connection and secondary service connection.

The Veteran's low back disability is rated at 40 percent, which does not meet the criteria for a higher rating.,For PTSD prior to May 31, 2022, the Veteran was granted a 30 percent initial rating. From that date forward, he received a 70 percent rating.

The Board has remanded the Veteran's claims for additional development due to incomplete information and need for further examination. The issues of entitlement to an initial rating in excess of 20 percent for a lumbar spine disability, and service connection for an acquired psychiatric disorder (claimed as PTSD) are pending.

The Board has remanded the Veteran's claims for service connection for low back and neck disabilities, as well as secondary service connection for numbness in his lower and upper extremities. The remand requires additional development to consider the Veteran's lay statements and medical evidence regarding his symptoms.

The Board has remanded the Veteran's claims for increased ratings for his service-connected thoracolumbar strain and left lumbar radiculopathy, as well as his claim for a TDIU. The AOJ is instructed to obtain all relevant VA treatment records and schedule the Veteran for an examination regarding the current nature and severity of his back conditions.

The Veteran withdrew his appeal regarding the issue of entitlement to service connection for a lumbar spine disability.

The Veteran's right ankle fracture with degenerative arthritis is rated as 20 percent disabling, which is the maximum schedular rating permitted for limited motion of the ankle. The evidence does not support a higher rating.,The Veteran's lumbar spine degenerative arthritis with intervertebral disc syndrome and bilateral hip disabilities are remanded for further examination to determine their current severity.,The Veteran's right hip arthritis, limitation of flexion is remanded for further evaluation.,The Veteran's left hip arthritis, painful adduction with limited rotation and abduction is also remanded for further evaluation.

The Veteran's service-connected back disability is being remanded for a VA examination to determine the current nature and severity of his condition, including during flare-ups or after repeated use over time.

The Board has determined that the Veteran's lumbar and cervical spine arthritis, as well as his right and left knee strains, are at least as likely as not related to service. Service connection is granted for these conditions.

The Board has determined that there is not substantial compliance with its prior remand and that further remand is required to correct the error. The Veteran's claims for intestinal disability and lumbar spine disability are being remanded due to inadequate medical opinions.

The Veteran's cannabis use disorder is not service-connected as it is a primary alcohol abuse disability.,There are no diagnosed elbow, ankle, or thumb conditions in the Veteran's service records.

The Board has found that the AOJ did not substantially comply with prior remand directives and requires addendum opinions regarding whether the Veteran's substance abuse disorder is at least as likely as not aggravated by a service-connected disability.