Back / lumbar spine decisions — 2023

The Veteran's tinnitus is service-connected as it is related to his military noise exposure.,Service connection for bilateral hearing loss is remanded due to conflicting evidence regarding its onset during service and post-service treatment history.,Service connection for rhinorrhea (rhinitis) is remanded due to the need for clarification on pre-service presence of the condition and in-service reports.,Service connection for a thoracolumbar spine disability is remanded as there are conflicting opinions regarding its onset during service and post-service treatment history.,Service connection for right lower extremity sciatica is remanded due to conflicting opinions regarding its onset during service and post-service treatment history.,Service connection for left hip disability (gluteal muscle strain) is remanded due to the need for clarification on pre-service presence of the condition and in-service reports.,Service connection for left leg pain (muscle cramping) is remanded as there are conflicting opinions regarding its onset during service and post-service treatment history.,Service connection for right knee patellofemoral pain syndrome with degenerative arthritis is remanded due to conflicting opinions regarding its onset during service and post-service treatment history.

The Board has decided to remand the current issues on appeal due to incomplete requests for private medical records and a need to notify the Appellant of the incomplete VA Form 21-4142. The case will be returned to the Board after compliance with these actions.

The Board dismissed the appeals as to reopening service connection claims for various foot and leg disabilities due to the Veteran's death. No new evidence was received, and the claims were denied on their merits.

The Board has ordered a remand to obtain an adequate medical opinion regarding the etiology of the Veteran's low back disability, which is currently considered service-connected.

The Veteran's appeal has been remanded for further development regarding his service-connected lumbosacral strain, right lower extremity radiculopathy, and obstructive sleep apnea. The extension of a temporary disability rating for left hallux valgus through July 31, 2011 is granted.

The Board has remanded the cases for additional development due to insufficient medical opinions regarding the etiology and pathophysiology of the Veteran's claimed conditions. The claims are not granted as there is no current diagnosis or in-service incurrence of the claimed conditions.

The Board has remanded the Veteran's claim for a disability rating in excess of 20 percent for degenerative disc disease of the lumbar spine with intervertebral disc syndrome prior to June 17, 2022, and in excess of 40 percent from June 17, 2022 onward. The remand requires obtaining a new VA examination that includes retrospective estimates of the Veteran's lumbar spine range of motion for the period from May 31, 2013, onward.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the Board has found that a higher rating is warranted. The case is being remanded to obtain updated medical evidence and conduct a new examination to assess the current severity of his condition.

Service connection for GERD is granted.,The Veteran's right knee scar is not entitled to a compensable rating as there is no evidence of deep, unstable, or painful scars exceeding 144 square inches.

The Board has remanded the cases for further examination and evaluation due to new evidence of worsening symptoms.

The Board found the reduction of the disability evaluation from 20 to 10 percent for lumbar strain and degenerative disc disease improper. The Veteran's major depressive disorder is granted a 70% rating, but the issue of an increased rating remains pending.

The Veteran's appeal is remanded due to insufficient examination reports and the need for additional assessments of his back disability and bilateral knee disabilities.

The Veteran's appeal is denied for various conditions and ratings, with some issues being denied in excess of the assigned rating and others having their ratings denied altogether.

The Veteran's claim to reopen service connection for Obstructive Sleep Apnea is granted. The Board finds additional development necessary due to insufficient medical opinions regarding the etiology of his sleep apnea, lumbar spine disability, and right hip disability.

The Board has denied a compensable rating for bilateral hearing loss and remanded the issue of increased evaluation for lumbosacral strain with degenerative changes. The case is now being returned to the RO for further development.

The Board has remanded the Veteran's claims for additional development due to inadequate prior VA examination and missing treatment records. The issues include rating increases for lumbar spine conditions, right lower extremity radiculopathy, left lower extremity radiculopathy, and TDIU.

The Veteran's appeals for higher ratings for left elbow medial epicondylitis and degenerative disc disease of the lumbar spine have been dismissed as they were withdrawn by the appellant.

The Board has determined that new and material evidence has been received to reopen the Veteran's previously denied claim for service connection for a low back disorder. However, the claim remains on remand as further medical examination is needed to determine if the current low back disorder is related to service or secondary to his service-connected left knee disability.

The Board has remanded the Veteran's claims for service connection due to incomplete development and exposure to herbicides. Additional examinations are needed to determine the etiology of his psychiatric, neurological, and skin conditions.

The Board has determined that the Veteran's service-connected disabilities, including PTSD with traumatic brain injury and migraine headaches, have rendered her unable to secure or follow a substantially gainful occupation prior to July 10, 2014. The decision is based on the combined effect of these conditions.