Back / lumbar spine decisions — 2023

The Board has denied service connection for left hip disability, but granted service connection for right hip strain, lumbosacral strain, and bilateral plantar fasciitis as secondary to service-connected PTSD and bilateral knee disabilities.,Reasoning: The private medical opinions provided a link between the Veteran's obesity (an intermediate step) and his current conditions of bilateral plantar fasciitis and right hip strain.

The Board has granted service connection for cervical and lumbar spine conditions, finding that the Veteran's symptoms are related to his military service.,Service connection was also denied for a heart condition due to insufficient evidence of exposure to Agent Orange.

The Veteran's service-connected lumbar strain and right lower extremity radiculopathy have been granted effective June 30, 2014. The TDIU has also been granted from that date.

The Board has determined that the VA examination and opinion provided are inadequate, as they do not address whether the Veteran's current back disability is related to his service-connected left leg condition or if it was aggravated by this condition. The claim must be remanded for further development.

The Veteran's lumbar spine disability and PTSD have been granted service connection, with the lumbar spine disability receiving a grant of direct service connection. The Veteran's PTSD has also received a rating of 100 percent effective from November 19, 2009.

The Veteran's combined service-connected rating is at least 40 percent, effective March 29, 2016. The Board finds that the Veteran meets the schedular criteria for consideration of TDIU and has been found to be unemployable due to his service-connected disabilities since March 5, 2018.

The rating reduction from 20 percent to 10 percent for lumbosacral spine strain was improper; a 20 percent rating is restored, effective July 27, 2020. The Veteran's entitlement to a higher rating and an earlier effective date for TDIU are remanded.

The Veteran's TDIU claim was denied as his service-connected disabilities did not prevent him from securing and following substantially gainful employment.,The Veteran's diabetes mellitus, type II claim was also denied because the evidence did not show that it required regulation of activities (avoidance of strenuous occupational and recreational activities).

The Board has decided to remand the claims for cervical spine degenerative joint disease with degenerative disc disease, left shoulder degenerative joint disease, and right shoulder rotator cuff tear with glenohumeral and acromioclavicular joint degenerative changes due to a lack of adequate VA opinions regarding their etiology.

The Veteran has withdrawn his appeals regarding the ratings for lumbosacral strain, right and left lower extremity femoral nerve peripheral neuropathy, and right and left lower extremity sciatic nerve peripheral neuropathy.

The Veteran's claim for ischemic cardiomyopathy was reopened and granted based on evidence showing a current disability, in-service injury, and a nexus between the two.,Service connection for bilateral sensorineural hearing loss was denied as there is no evidence of current hearing loss meeting VA criteria.

The Veteran's service-connected back disability does not render him unable to secure or follow substantially gainful employment, and his TDIU claim is denied.

The Board has restored the Veteran's disability ratings for his thoracolumbar spine and left upper extremity radiculopathy, granted increased ratings for his right lower and left lower extremity radiculopathies, and granted TDIU based on his service-connected degenerative arthritis of the thoracolumbar spine. Basic eligibility to DEA and SMC at the housebound rate have also been established.

The Board has remanded the Veteran's claims of service connection for various shoulder and knee conditions due to a lack of VA examination, which is necessary to determine if these conditions are related to his military service.

The Board has decided to remand the claim of service connection for a lower back condition due to incomplete service treatment records and duty-to-assist errors. The Veteran's STRs from his period of ACDUTRA service appear incomplete, and further attempts should be made to obtain these records.

The Board has granted service connection for a low back disability, finding that the Veteran's current condition is presumptively related to his military service.

The Veteran's claims for service connection for tinnitus, lumbar spine degenerative disc disease and degenerative arthritis, bilateral hearing loss, and a heart disability to include congestive heart failure have been granted. The rating assigned is 10 percent for hypertension on and prior to June 7, 2023.

The Veteran's appeal is dismissed for the vision disability issue. The claims of service connection for tinnitus, left knee disability, erectile dysfunction (secondary), obstructive sleep apnea (secondary), fatigue disorder (Gulf War service), nasal condition, cervical spine disability, lumbar spine disability, gastrointestinal condition (due to Gulf War service), and headaches are all remanded due to the need for additional examinations or opinions.

The Board denied the Veteran's claims for service connection for lumbar spine degenerative disc disease, right shoulder osteoarthritis, left shoulder degenerative arthritis (status-post rotator cuff repair), diabetes mellitus, and hypertension. The Board found that there was no evidence of in-service injury or illness related to these conditions.,The March 2023 VA examiner concluded that the Veteran's lumbar spine disorder, right shoulder osteoarthritis, left shoulder degenerative arthritis (status-post rotator cuff repair), diabetes mellitus, and hypertension are not likely related to his active service.

The Veteran's claims for increased ratings were denied as his conditions did not warrant a higher rating based on the evidence of record.