Back / lumbar spine decisions — 2023

The Board denied the Veteran's claim for service connection of a lumbar spine disorder, finding that there was no evidence to support the claim and concluding that the current condition is not related to active service.

The Veteran's hearing loss is not rated compensably, as his hearing impairment does not meet the criteria for a compensable rating.,Service connection for a back condition and bone degeneration are denied. The Board finds that these conditions did not onset in service or are otherwise related to service exposure.,Service connection for fatty liver is denied. The Veteran's fatty liver is not linked to his service, including exposures at Camp Lejeune or asbestos.,The Veteran's back condition began post-service and was not shown to be related to service.

The Board denied the Veteran's claim for service connection for a low back condition, finding that there is not an approximate balance of positive and negative evidence to support a nexus between his current low back condition and his military service.

The appeal for service connection for hepatitis C has been dismissed due to the Veteran's withdrawal. The appeals for increased rating for anxiety and depression, service connection for low back disorder, knee disorders, bilateral hearing loss disability, and tinnitus are all remanded.

The Veteran's appeal for a higher rating for her thoracolumbar spine levoscoliosis with degenerative arthritis is denied. The case is remanded for further development regarding the issue of entitlement to TDIU.

The Veteran's cervical spine disability is granted as service-connected due to a congenital defect superimposed by an in-service injury. The thoracolumbar spine disorder claim is remanded for further examination and opinion.

The Board denied service connection for lumbarization, finding that it is a congenital defect and not subject to service connection.

The Board has dismissed the appeals for increased ratings and earlier effective dates as to left lower extremity radiculopathy, right lower extremity radiculopathy, left hip arthritis, and right hip arthritis. The claims of entitlement to a higher rating for degenerative disc disease with IVDS from June 4, 2015 and an initial rating higher than 10 percent for degenerative disc disease with IVDS from August 1, 1974 to June 4, 2015 are REMANDED. The claim of entitlement to a TDIU prior to May 12, 2016 is also REMANDED.

The Board has reopened the Veteran's claim for service connection of a low back disability due to new and material evidence received since the November 2012 rating decision. The case is remanded for further development, including obtaining prison medical records and scheduling an examination.

The Veteran's bilateral hearing loss disability and degenerative joint disease of the lumbar spine were denied service connection. The Veteran was granted a total disability rating based upon individual unemployability from September 4, 2013 to February 23, 2014, but his TDIU claim was later denied beginning February 24, 2014.

The Veteran's claim for a reduction in the rating of foot eczema from 60% to 10% was found to be procedurally improper, and the original 60% rating is restored. Service connection has been granted for tinnitus but denied for low back disorder, bilateral foot numbness and tingling, and bilateral plantar fasciitis.

The Veteran's disability rating for thoracolumbar DJD with mild anterior wedging was restored to 40 percent effective January 2, 2020. The claims for service connection for a right foot condition, left foot condition, PTSD, and TDIU were remanded.

The Veteran's appeal is remanded for additional development to determine the nature and etiology of his back condition, left lower radiculopathy, and headaches. The claims are also remanded to obtain service entrance records and INACDUTRA status information.

The Board has remanded several issues related to the Veteran's disabilities, including cervical strain, knee limitations of extension, lumbar spine disability, left shoulder bursitis, and external hemorrhoids. The AOJ is instructed to issue a supplemental statement of the case after considering additional evidence.

The Board has remanded the claims for service connection due to missing or illegible service treatment records and the need for additional medical opinions regarding the Veteran's respiratory condition.

The Board has granted a 20% rating for right and left lower extremity radiculopathy beginning March 31, 2020. The Veteran's thoracolumbar spine disability remains rated at 40%. There is no higher rating available for the low back disability.

The Veteran's lumbosacral strain is currently rated at 20 percent, and the nasal fracture does not meet criteria for a compensable rating. The Board has denied both claims.

The Veteran's lumbar spine disability was characterized by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees with functional loss due to pain upon motion prior to September 8, 2020. From September 8, 2020, the Veteran's lumbar spine disability is not manifested by ankylosis or functional ankylosis.

The Board has remanded the Veteran's claims for service connection for PTSD, a rating for her lumbar spine disability, and a TDIU due to the need for additional development of evidence. The issues include obtaining an addendum opinion on the Veteran's PTSD diagnosis and assessing her lumbar spine disability with associated neurological impairments.

The Veteran withdrew all his appeals, including those for initial disability ratings and service connection claims.