Back / lumbar spine decisions — 2023

The Board has remanded the case due to inadequate VA examination and further development is required.

The Veteran's appeal is remanded due to the need for additional development, including obtaining VA treatment records and scheduling a new examination.

The Board has denied the Veteran's claims for service connection for a lumbar spine disorder, bilateral ear disorder, bilateral hand disorder, and lip disorder. The decision is based on the lack of evidence showing a current disability or a relationship to service.,There are no current diagnoses for the claimed conditions, and the medical opinions provided do not support a finding that any of these disabilities are related to service.

The Veteran's claim for service connection for a back condition was denied as the evidence did not support a finding that his current back condition had its onset during active duty or is otherwise related to an in-service injury.,For the period prior to March 2, 2021, the Veteran's bilateral hearing loss was rated at 20 percent (Level VII for the left ear and Level III for the right ear).

The Veteran's service-connected lumbar intervertebral disc disease (IVDS) has not manifested in unfavorable ankylosis of the entire spine, and therefore a higher disability rating is denied.

The Veteran's left and right knee disabilities are granted service connection, but the claim for hypertension is remanded due to inadequate medical opinion. The back disability claim is also remanded.

The Board has remanded the issue of service connection for a low back disability due to insufficient reasoning in the August 2021 VA medical opinion. The Veteran's current low back disability is alleged to be related to her duties in the Air Force.

The Board has denied service connection for left knee disability, right hip disability, right knee osteoarthritis, lower back condition, and mood disorder.

The Board has denied service connection for right knee, left knee, and back disabilities due to a lack of evidence showing these conditions were incurred or aggravated during active duty. The Veteran's pre-existing knee and back conditions are not considered to have been worsened by his Reserve service.

The Veteran's claim for increased ratings for his service-connected lumbar spine disability is denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.,The Veteran's claims for service connection for numbness and tingling of the right upper extremity, left upper extremity, and back are also denied as there is no current diagnosis of these conditions.

The Board has reopened the claims of service connection for a low back disorder and a bilateral leg disorder due to new evidence submitted by the Veteran. The claim for an increased rating for chronic allergic rhinitis with sinusitis is granted.

The Veteran's PTSD, gastrointestinal condition, and lumbar spine degenerative disc disorder have been granted service connection. The TDIU appeal is dismissed as the PTSD rating has rendered it moot.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and his claim for TDIU is therefore denied.

The Board has granted an initial rating of 20 percent for the Veteran's lumbar degenerative disc disease and intervertebral disc syndrome, finding that the evidence is at least in equipoise as to whether the Veteran's back disability warrants this rating.

The Veteran's lumbar spine disability is currently rated as 40 percent disabling, effective December 15, 2020. The Board has determined that the criteria for a higher rating are not met or approximated for any period.

The Board has decided to remand the Veteran's claims for additional development and readjudication due to outstanding VA treatment records, Social Security Administration disability benefit records, and a need for an examination to determine the etiology of his left ear hearing loss.

The Veteran's claim for a rating in excess of 40 percent for lumbar strain with degenerative changes has been denied. The Veteran is currently rated at 40 percent for this condition, effective August 22, 2016.

The Veteran's lumbar spine disability is granted a 40 percent rating, but the reduction from 40 to 20 percent was improper and has been restored. The Veteran also received a grant for radiculopathy of the right lower extremity sciatic nerve and left lower extremity femoral nerve.

The Board denied service connection for a low back disability and right foot disability, including as secondary to the right foot disability. The decision also noted that the Veteran's current disabilities are not related to his active duty service.

The Board has found that additional development is needed for the Veteran's claims of increased disability evaluations for lumbosacral spine strain and cervical spine strain, as well as her claim for a total rating based on individual employability due to service-connected disabilities (TDIU). The Veteran will need to undergo VA examinations and provide any authorized medical records. If her TDIU claim is granted, it could significantly impact the outcome of her increased disability evaluation claims.