Back / lumbar spine decisions — 2023

The Veteran's claim for service connection for bilateral hearing loss was reopened and granted, while her claims for low back condition, IBS, and fibromyalgia remain denied.,An initial rating of 30 percent for irritable bowel syndrome (IBS) is denied.

The Veteran's claim for service connection for PTSD is dismissed. The Board finds there is no justiciable case or controversy regarding this issue as the March 2018 rating decision already granted service connection for an adjustment disorder, claimed as PTSD. The low back disability claim is remanded due to lack of a VA examination and missing treatment records.

The Board has remanded the cases for further development due to inadequate medical opinions and need for additional examination.

The Board has decided to remand the claims for service connection for low back disability and right lower extremity radiculopathy due to insufficient discussion of continuity of symptoms in previous VA opinions.

The Veteran's appeal has been withdrawn, and the claims for increased ratings for lumbar spine disability have been dismissed.

The Veteran's lumbar spine disability, sciatic nerve radiculopathy of the right and left lower extremities are being remanded for further evaluation due to unclear functional loss and incomplete examination report.

The Board has granted service connection for obstructive sleep apnea as secondary to posttraumatic stress disorder (PTSD). The issues of initial ratings for left and right knee disabilities, and lumbosacral strain with degenerative disc disease are remanded.

The Board has decided to remand the claims for service connection and TDIU due to a back disability, as they were not fully addressed in the previous remand. The Veteran's back disability is being evaluated again with new medical opinions regarding its relationship to his service-connected chronic fatigue syndrome.

The Veteran's initial compensable ratings for status post right inguinal hernia repair and surgical scar, status post right inguinal hernia repair have been denied.,The Veteran's eczema issue is remanded due to new evidence submitted after the February 2020 VA examination.

The Veteran's service connection claim for a bilateral hearing loss disability was denied, and his TDIU claim was also denied. The Board found that the Veteran did not have a current diagnosis of a bilateral hearing loss disability for VA compensation purposes and that he could secure and follow substantially gainful employment despite his service-connected disabilities.

The Board has granted service connection for a low back disorder, bilateral lower extremity radiculopathy, and neck disorder. The claim of service connection for bilateral upper extremity radiculopathy is also granted as secondary to the neck disorder.

The Veteran's lumbar spine disability is rated at 40 percent, but no higher. The issue of an increased rating for degenerative arthritis of the lumbar spine was denied.,The Veteran's sciatic radiculopathy of the left lower extremity and right lower extremity are each rated at 40 percent, but no higher.

The Board denied service connection for various conditions, including residuals of traumatic brain injury, left shoulder osteoarthritis, bilateral ankle condition, nephrolithiasis (due to herbicide exposure), bilateral knee osteoarthritis, lumbar spine degenerative joint disease, BLE sciatica, hypertension, and diverticulosis. The Veteran did not have these conditions at the time of service or within one year after discharge.

The Board denied service connection for a low back disability, finding that the Veteran's current condition was not incurred during his period of active duty.

The Veteran's initial rating for his thoracolumbar spine disability is denied. The Board has also remanded cases regarding need for aid and attendance of another, and loss of use of a creative organ.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA treatment records.

The Veteran's appeal for an increased disability rating of 20 percent for his lumbosacral strain has been dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Board has granted a 40% disability rating for the Veteran's service-connected lower back disability, effective July 12, 2021. The appeal of higher ratings before this date is dismissed.

The Board has determined that the Veteran's lumbar spine disability, including a lumbar strain, degenerative disc disease (DDD), and lumbar scoliosis is at least as likely as not associated with his service-connected plantar fasciitis. As such, the claim for secondary service connection is granted.

The Board has remanded the claims for service connection due to insufficient opinions regarding the appellant's claimed conditions and exposure. The issues of diabetes mellitus, back disability, peripheral neuropathy, erectile dysfunction, and eye disability are all related and require further examination.