Back / lumbar spine decisions — 2023

The Veteran's lumbar spine disorder is granted as service connection. The Board finds that the evidence is in approximate balance, and resolves reasonable doubt in favor of the Veteran.,Service connection for fibromyalgia is denied due to lack of a current diagnosis.

The Veteran's acquired psychiatric disability, including PTSD with anxiety and depression, bilateral hearing loss, degenerative disc and joint disease of the lumbar spine with muscle spasms, cervical spine, left knee arthritis, right knee arthritis, and left lower extremity varicose veins are all granted. The service connection is determined to be direct.

The Board has remanded the Veteran's claims for service connection due to a pre-decisional duty to assist error, requiring clarification of the March 2020 VA medical opinion and potential need for an in-person examination.

The Veteran's claim for a higher rating for his lumbar spine disability was denied, but he received an increased rating of 40 percent effective January 4, 2021.,He also received separate ratings of 20 percent for right and left lumbar radiculopathy involving the sciatic nerve and femoral nerve, respectively.

The Veteran's heart disability, left knee disability, right knee disability, right shoulder disability, back disability, and allergy disability are not service-connected. However, hypertension is granted as a result of presumed exposure to herbicide agents during active duty in Vietnam.

The Board has determined that new and relevant evidence has been submitted to warrant reconsideration of the Veteran's claim for service connection for a left knee disability. The appeal regarding entitlement to service connection for a low back disability is also remanded.

The Veteran's degenerative arthritis of the lumbar spine is related to his active service and has been granted service connection.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's low back disorder is related to service. The VA will need to provide an addendum opinion from a clinician to address this issue.

The Board has remanded the Veteran's claims due to incomplete service records and need for new VA medical opinions regarding her claimed orthopedic disorders.

The Board has decided to remand the claims of service connection for an acquired psychiatric condition and a low back condition due to duty to assist errors. The Veteran's claim for PTSD is related to personal assault during service, but he was not provided notice regarding this requirement. For his low back condition, VA treatment records from 2008 were not obtained, and the examiner did not address the Veteran's contention that his current lumbosacral strain is related to in-service lifting heavy objects.

The Board has vacated its decision that remanded the issue of TDIU and dismissed it, as the Board does not have jurisdiction over this claim.

The Board has found that new evidence was submitted and the claims are being remanded for further review.

The Board has determined that the Veteran's current lumbar spine disability is related to his military service, and thus grants service connection for this condition.

The Board denied an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that it is not factually ascertainable that the Veteran was unable to secure or follow a substantially gainful occupation prior to January 23, 2020.

The Board denied service connection for lumbar and cervical spine disorders, finding that the Veteran's current conditions are not related to her military service.

The Veteran withdrew his appeals for increased ratings and TDIU, so the cases are dismissed.

The Board has determined that the Veteran's claims for service connection are remanded due to inadequate opinions provided by VA examiners. The issues include right hand, right wrist, back, left knee conditions and sleep apnea.

The Board has remanded the Veteran's claims for a back disability and paronychia, left great toe due to inadequate medical opinions and need for further examination.

The Veteran's claims for service connection for skin rash, low back disability, chronic fatigue syndrome, and fibromyalgia were denied. The issue of whether new and material evidence has been submitted to reopen a previously denied claim for PTSD was dismissed as the claim had already been granted.

The Board denied the Veteran's claims for service connection for a respiratory condition and a back condition, finding no clear and unmistakable evidence of aggravation during service and insufficient medical evidence to support a nexus between current conditions and service.