Back / lumbar spine decisions — 2023

The Veteran's cervical arthritis and spondylosis (neck condition) were not shown as chronic in service, did not manifest to a compensable degree within the applicable presumptive period, continuity of symptomatology is not established, and the disability is not otherwise etiologically related to an in-service injury or disease. Service connection for this condition is denied.,The Veteran's arthritis of the lumbar spine was not shown as chronic in service, did not manifest to a compensable degree within the applicable presumptive period, continuity of symptomatology is not established, and the disability is not otherwise etiologically related to an in-service injury or disease. Service connection for this condition is denied.

The Board denied a rating in excess of 20 percent for the Veteran's lumbar spine degenerative arthritis and IVDS, finding that the evidence did not support such a higher rating given the degree of limitation of motion.

The Veteran's left and right foot disabilities have been granted service connection with effective dates of June 27, 2013. Effective date for bilateral hearing loss and tinnitus has not been granted.

The Board has remanded the Veteran's claims for further development due to insufficient evidence of current disability severity and potential inextricably intertwined TDIU claim.

The Veteran's low back disability is currently rated at 10 percent, but the Board has determined that a higher rating is not warranted based on the evidence provided.

The Veteran's left knee, right knee, and scars of the right cheek and forehead have been granted service connection as they are related to his service-connected PTSD. The Veteran's OSA, left knee disability, and right knee disability remain under review.

The Veteran's hypertension is granted as service-connected due to presumed exposure to herbicide agents.,Service connection for a back disability and gout are denied because the evidence does not support an in-service injury or disease, nor can it be linked to any period of active duty or ACDUTRA/INACDUTRA service.,The Veteran's current gout is also denied as there is no evidence showing its onset during service.

The Board has decided to remand the case due to insufficient consideration of the Veteran's lay statements regarding his back disability.

The appeal of TDIU prior to September 6, 2019 is dismissed as moot due to the grant of benefits at the start of the appeal period. The SAH and SHA claims are remanded for additional development.

The Veteran's claim for increased ratings and an earlier effective date for service connection are being remanded due to the need for new examinations, consideration of additional evidence, and a determination of the appropriate effective date.

The Board has remanded the Veteran's claims for service connection for back, left wrist, and right wrist disabilities due to inadequate consideration of VA examinations and the need for additional evidence. The Veteran is also required to undergo a Persian Gulf War examination.

The Board has remanded the case due to inadequate development, requiring a supplemental medical opinion on the Veteran's lumbosacral strain and its relationship to his service-connected right shoulder disability.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and sinus and/or allergic rhinitis condition due to his service-connected disabilities. The case is returned for further development.

The Board has decided to remand the Veteran's claims for service connection for back disorder and bilateral carpal tunnel syndrome due to a lack of available service treatment records. The RO must attempt to obtain these records, and if they are not found, the Veteran will be scheduled for VA examinations to determine whether his current conditions had their origin in service.

The Veteran's claims for increased ratings for lumbosacral spine degenerative joint disease and lower left extremity radiculopathy associated with the condition have been denied. The evidence does not support a higher rating based on ankylosis or IVDS, and the current disability levels are considered to be most consistent with moderate incomplete paralysis prior to July 15, 2022, and moderately severe incomplete paralysis thereafter.

The Veteran's low back disability was rated at 10 percent prior to August 12, 2013. The Board found that the evidence did not support a higher rating due to limited range of motion and no additional functional loss.

The Board has granted a 40 percent rating for the Veteran's lumbar spine disability prior to July 17, 2017. The decision is based on the findings of forward flexion of 20 degrees and extension of 10 degrees during flareups.

The Board has reopened the claim for service connection of a low back disability due to new and material evidence. The remaining issues on appeal are remanded for further development, including obtaining an examination and opinion regarding hypertension.

The Board has remanded the case due to insufficient VA treatment records and private inpatient care records. A new VA examination is also required.

The Board has remanded the case for additional development, including a VA examination to assess the current severity of the Veteran's service-connected lumbosacral strain. The issues include seeking increased evaluations and entitlement to TDIU.