Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for increased rating for bilateral hearing loss, service connection for lumbar degenerative arthritis, right hip condition, left hip condition, and gastroesophageal reflux disease (GERD). The claims are being remanded to determine the current level of disability for hearing, address whether the lower back condition is related to service or proximately caused by hip conditions, and consider in-service use of NSAIDs for other conditions.

The Board has granted the Veteran's claim for service connection of a back disability as secondary to his service-connected pes planus, finding that reasonable doubt should be resolved in favor of the claimant.

The Board has remanded the claims for service connection for cervical spine and low back conditions due to insufficient consideration of the Veteran's lay assertions regarding his carrying heavy rucksacks during service.

The Veteran's service-connected back disability prevented him from obtaining and retaining gainful employment since December 15, 2013. The Board granted a TDIU on an extraschedular basis effective December 15, 2013.

The Board has reopened the Veteran's service connection claim for a back disability, including DDD, and granted service connection for radiculopathy of both lower extremities as secondary to her back disability. The decision is based on new evidence submitted since the prior denial.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea and TDIU. The decision found that there was no evidence of a current disability related to active service, and the VA examiner opined against a nexus between the Veteran's current sleep apnea and his military service.

The Veteran's claims for service connection have been denied. The Board has granted the reopening of several claims, but denied others.

The Veteran's lumbar spine disorder and right lower extremity radiculopathy have been rated, but the appeal is remanded for further evaluation of his service-connected conditions.

The Veteran's lumbar spine disability is rated at 20 percent, and the appeal for a higher rating is denied.

The Board has dismissed all service connection claims due to the Veteran's death.

The Board denied service connection for bilateral hearing loss, an acquired psychiatric disorder, a lumbar spine disability, and a left shoulder disability due to lack of evidence linking these conditions to service or any other compensable cause.

The Board has reopened the Veteran's claim for service connection for a low back disorder due to new and material evidence submitted. The claims for heat injury residuals, sleep apnea, and bilateral foot fungus are remanded for further development.

The Board has remanded the cases for additional development to obtain addendum opinions addressing whether the Veteran's headache disorder, sleep disorder, and back disorder are related to his military service or secondary to his service-connected conditions.

The Board has remanded the Veteran's claims for additional development and readjudication due to his failure to appear at a previously scheduled hearing, incomplete medical records, and other procedural issues.

The Board denied the Veteran's claim for an initial rating greater than 20 percent for his service-connected lumbar strain, finding that the evidence did not support a higher rating based on the current manifestations of the disability.

The Veteran's right ankle disorder is related to her service-connected rheumatoid arthritis and has been granted. The low back condition and fibromyalgia remain under review.

The Board has remanded the case due to insufficient evidence and needs further development, including obtaining medical records from the Veteran's employment physical examinations. The claim will be reconsidered based on the new evidence.

The Veteran's service-connected disabilities did not prevent him from obtaining or maintaining a substantially gainful occupation prior to July 18, 2016.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete medical opinions regarding his lower back disability.

The Board denied the Veteran's claim for service connection of a back disability, finding that there was no chronicity in service or within the applicable presumptive period and no evidence of continuity of symptomatology. The examiner opined that the current low back strain is less likely related to service.