Back / lumbar spine decisions — 2023

The Board has decided to remand the Veteran's claims for service connection for a sleep disorder, including sleep apnea, and for an initial evaluation in excess of 10 percent for left knee osteoarthritis. The issues have been remanded due to inadequate opinions regarding secondary service connection.

The Veteran's lumbar spine disability is denied as it is not shown to be related to service.,The Veteran's right hip condition is denied due to lack of evidence of any current diagnosis or in-service injury.,Service connection for tinnitus is granted based on continuity of symptoms from service to the present.,Service connection for bilateral pes planus is denied as there is no indication of worsening beyond natural progression during service.

The Board has remanded the issues of entitlement to service connection for left knee, left shoulder, and back disabilities due to insufficient medical opinions regarding their etiology.

The Board has determined that the Veteran's back disability is at least as likely as not related to service, and therefore grants service connection for a back disability.

The Board has remanded the claim for service connection for lumbar spine disability, to include lumbosacral strain due to conflicting medical opinions and lack of clear rationale. The Veteran's lumbar spine disability is being reviewed again with an addendum opinion from a clinician.

The Veteran withdrew their appeals, and the Board dismissed all issues on appeal.

The Veteran's claims for increased ratings and service connection were denied. The hypertension claim was denied as the evidence did not show diastolic pressure predominantly 100 or more, nor systolic pressure predominantly 160 or more. For the lumbar spine condition, a 50 percent rating is granted due to unfavorable ankylosis of the thoracolumbar spine. The bilateral hearing loss and foot condition claims were also granted with specific ratings. Service connection for right and left lower extremity radiculopathy was established. However, TDIU prior to May 11, 2021, was denied.

The Board has found the VA examinations inadequate for adjudicative purposes regarding the claims of service connection for bilateral hearing loss, tinnitus, and a back disorder. The claims are remanded to obtain additional medical opinions clarifying the etiology of these conditions.

The Veteran's claim for an initial compensable rating for hearing loss, left ear is denied.,The Veteran's claims for service connection for back disorder and increased ratings for residual head scarring and painful scar are remanded.

The Veteran's PTSD is rated at 70 percent, but no higher. Service connection for allergic rhinitis, residuals of a crush injury to the right hand, cervical spine disability, thoracolumbar spine disability, and bilateral plantar fasciitis are all granted.

The Veteran's claims have been dismissed due to withdrawal of appeals for a compensable rating for onychomycosis and reopening of previously denied claims. Service connection has been granted for right knee strain, degenerative disc disease of the lumbar spine, radiculopathy of the left lower extremity, and sleep apnea as secondary to service-connected conditions.

The Veteran's appeals for increased ratings and earlier effective dates for various conditions have been withdrawn. The Board has also dismissed the claims of service connection for several conditions, including BHL, allergies to sulfur drugs and insect bites, ear infection, dacrycystitis, fracture of nasal bone, endometriosis, gastroenteritis, a dental disability, residuals of cysts removal, left foot and toes injury, bilateral hip condition, right arm pain, right elbow condition, cervical spine disability, chest pain, inflammation of the lungs, BLE numbness (numbness of legs, right side pain and numbness), and service connection for left knee. The Board has also reopened claims for service connection for bilateral tinnitus, chest pain, inflammation of the lungs, BLE numbness and right-sided pain, a cervical spine disability, right arm pain, right elbow pain, and a left knee disorder.

The Veteran's claim for an increased rating for his low back disability was granted, but only up to a 20 percent rating prior to February 7, 2020. The appeal for a higher rating is dismissed as the Veteran expressed satisfaction with this rating and indicated it was appropriate.

The Board has remanded the case due to insufficient information regarding whether the Veteran's lumbar spine disability has approximated the functional equivalent of ankylosis, which could affect the appropriate rating.

The Veteran's service-connected disabilities, including lumbar spine traumatic paravertebral myositis, right and left knee patellofemoral pain syndrome, right and left ankle strain, and chronic tonsillitis, have rendered him unemployable. The Board has granted a TDIU and established basic eligibility for Dependents' Educational Assistance benefits.

The Veteran's lumbosacral strain with multilevel degenerative disc disease and L5-S1 spondylolisthesis and surgical fusion was granted an initial rating of 50 percent, but no higher. The issue of service connection for functional and neurological impairments as secondary to the lumbar spine disability is remanded.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's thoracolumbar spine disability and its relationship to service. The claim will be reviewed again with a new examination.

The Board has remanded the case due to insufficient evidence regarding the dates of ACDUTRA and INACDUTRA, as well as a need for a VA examination to determine if the appellant's current bilateral plantar fasciitis is caused by or aggravated by an injury during ACDUTRA or INACDUTRA while in the United States Naval Reserves. The low back disability claim is also remanded due to its inextricable intertwining with the service connection for a bilateral foot disability.

The Board has remanded the claims for lumbar spine disability, right ankle disability, and bilateral hearing loss due to incomplete service records. The Veteran's periods of active duty with the Michigan Army National Guard need to be verified.

The claim for service connection has been reopened due to the submission of new and material evidence. The case is being remanded for further evaluation, including an addendum opinion from a provider regarding whether there was clear and unmistakable error in the February 2006 rating decision.