Back / lumbar spine decisions — 2023

The Board has dismissed the service connection appeals for back, liver, prostate, seizure, and brain tumor disorders as they were withdrawn by the Veteran prior to a decision being made.

The Board has determined that the Veteran's back pain began during service and granted service connection for a back condition.

The Board has found that additional medical treatment records and examinations need to be considered for the Veteran's low back, left hip, left leg, and left foot (including toes) conditions. The claims are being remanded for readjudication.

The Board has remanded the Veteran's claims for service connection due to incomplete records and a need to determine her military service dates.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are not related to service, and therefore denied these claims.,The Board also found no current right hip disability at this time, thus denying the claim for a right hip disability.

The Veteran's degenerative disc disease of the lumbosacral spine was granted service connection. The right and left knee disabilities are remanded for further review.

The Veteran's claims for service connection have been granted, with the exception of diabetes mellitus and ischemic heart disease. The Board found that his back disability is related to service due to a lifting injury during work as a diesel mechanic in 2005.

The Veteran's metatarsalgia of the left foot, hammertoes of both feet, and lumbar spine disability are granted as service-connected. Her bilateral hip disability is also granted as secondary to her lumbar spine disability.

The Board denied a rating in excess of 10 percent for the Veteran's low back disability prior to November 4, 2020 and denied a rating in excess of 40 percent from that date. The decision found no evidence of ankylosis or functional equivalent thereof.

The Board has determined that new examinations are needed to assess the current severity of the Veteran's service-connected disabilities due to a possible increase in severity since his last examinations and because he reported receiving continuous medical treatment from both VA and private providers. The claims for increased ratings will be remanded.

The Board has remanded the Veteran's claims for increased rating and TDIU due to inadequate statements of reasons and bases in the October 2021 decision, specifically regarding the lack of retrospective opinions on the severity of his lumbar spine disability prior to November 5, 2019. The issues are also intertwined with a claim for TDIU.

The Veteran's major depressive disorder is rated at 100 percent, effective November 2, 2017. The Board also granted TDIU based on the combined effect of his service-connected disabilities.

The Veteran's claim for a temporary total disability rating under 38 C.F.R. § 4.30 for convalescence following thoracolumbar spine surgeries in August 2001 and March 2004 was denied because the claim was not filed within one year of the surgeries.

The Board has decided to remand the Veteran's claims for service connection for various upper and lower extremity neuropathies due to inadequate compliance with previous remand directives, lack of adequate rationale in opinions provided by VA examiners, and the need for additional medical examination.

The Board has granted the Veteran's claim for service connection for bilateral tinnitus. The claims for service connection for bilateral hearing loss, relapsing polychondritis, hemorrhoids, and a lumbar spine disability are remanded due to deficiencies in the analysis.

The Veteran's lumbosacral strain was granted service connection in November 2016, and an increased rating of 40 percent from March 29, 2018 to March 7, 2019 has been awarded.,Effective September 20, 2017, the Veteran's bilateral lower extremity radiculopathy was granted service connection. Initial ratings for both conditions were denied.

The Board has remanded the Veteran's claims for higher initial ratings for his back and right knee disabilities due to issues with functional loss during flare-ups and neurological manifestations, as well as inadequate range of motion measurements in a recent VA examination.

The Board has decided the initial rating for PFB and right shoulder bursitis, denying them. The appeals for left finger disorder and back disorder are remanded due to insufficient evidence.

The Veteran's hearing loss and tinnitus are related to in-service noise exposure.,The Veteran's back disorder is related to his service, as evidenced by a diagnosis of thoracolumbar spondylosis with radiculopathy.

The Veteran's claims for service connection for unspecified sleep-wake disorder, tinea pedis (bilateral), skin condition to include eczema, acne, and pseudofolliculitis barbae, sleep apnea, bursitis of the neck, degenerative disc disease, bilateral visual acuity loss, cerumen impaction, jugular venous distortion, gastritis, and heart condition have been granted. The remaining issues are remanded for further development.