Back / lumbar spine decisions — 2023

The Board has decided to remand the cases for additional development due to incomplete service treatment records and missing accident reports. The appellant's claims for back condition and hearing loss are being reviewed again.

The Board has remanded the claims for an initial rating higher than 10 percent for lumbosacral strain prior to February 14, 2019 and a rating higher than 20 percent for lumbosacral strain beginning February 14, 2019 due to inadequate examinations.

The Veteran's tinnitus is granted as service-connected.,Service connection for bilateral hearing loss is denied due to lack of evidence meeting VA criteria for a disability.,The back disability is remanded for further examination and opinion.,The right lower extremity non-traumatic compartment syndrome is remanded for further evaluation.,The left lower extremity non-traumatic compartment syndrome is also remanded for further evaluation.

The Veteran's appeal is being remanded for further review due to the need to consider the effects of medication on his lumbar spine condition and to address the oversight in referring his TDIU claim to the Director, Compensation Service.

The Board has granted service connection for a right knee disability and a back disability on a secondary basis to the Veteran's service-connected left knee and ankle disabilities.

The Veteran's TDIU claim is granted, with the effective date being January 14, 2021.,The Veteran's initial compensable rating for bilateral hearing loss prior to January 12, 2021, and a rating in excess of 40 percent from that date onwards are both remanded.

The Veteran's claims of service connection for bilateral hearing loss and tinnitus were reopened, with the new evidence showing a relationship to service. The claim for back condition was denied.,Service connection was granted for bilateral hearing loss and tinnitus, but not for the back condition.

The Board has granted service connection for bilateral hearing loss and tinnitus, but has remanded the cases of obstructive sleep apnea, dental condition, hypertension, left eye disability, low back disability, esophageal hernia, and cervical spine disability.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain gainful employment consistent with his educational or occupational background for the entire period on appeal prior to August 31, 2012. The Board granted a TDIU due to service-connected disabilities.

The Board has decided to remand the cases for further development due to insufficient medical opinions regarding the etiology of the Veteran's back and bilateral knee disorders.

The Veteran's back disability is granted with a noncompensable rating, and his bilateral plantar foot warts are granted an initial 10 percent rating.

The Board has denied service connection for bilateral hearing loss, finding that the Veteran's current hearing loss did not manifest within one year of separation from service and is not etiologically related to service. The Board also remanded the issue of service connection for a back disability.,For the back disability, the Board found insufficient evidence in the November 2022 VA examination to determine if it was incurred or caused by military service.

The Board has remanded the claims for lower back disability and bilateral foot disability due to inadequate VA opinions and outstanding private medical records.

The Board has denied service connection for a low back disability and remanded the issues of service connection for left foot and right foot disabilities. The decision does not provide specific ratings or effective dates.

The Veteran's lumbosacral strain is rated at 40 percent from August 25, 2020 to November 2, 2022. Prior to that date, the condition was rated at 10 percent.

The Veteran's appeal is being remanded due to incomplete development and the need for additional medical opinions regarding his low back disability, urinary symptoms, and erectile dysfunction. The issues of a rating in excess of 10 percent for his service-connected low back disability prior to April 7, 2006, and entitlement to TDIU prior to that date are also being remanded.

The Veteran's previously denied claim of service connection for spina bifida and lumbarization of S1 has been reopened.,Service connection is granted for a chronic disability manifested by sleep impairment, but the Veteran does not have a separate diagnosis of a chronic sleep disorder.

The Board has remanded the cases for additional VA opinions to determine the nature and etiology of the Veteran's lower back disability, right lower extremity peripheral neuropathy, and right shoulder disability. The issues are being returned due to inconsistencies in previous opinions and the need for clarification on service connection.

The Board has denied service connection for a right knee disorder and granted service connection for a low back disorder. The right knee disorder is not related to service, while the low back disorder had its onset in service.

The Veteran's claim for an initial disability rating in excess of 40 percent for degenerative disc disease of the thoracic and lumbar spine has been denied. The effective dates for separate ratings of 20 percent for partial transverse myelitis and radiculopathy of the right and left lower extremities have also been granted.