Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for a rating in excess of 20 percent prior to March 22, 2017, and a rating in excess of 40 percent on and after March 22, 2017, for lumbar spine intervertebral disc syndrome with degenerative joint disease; and entitlement to a rating in excess of 30 percent for posttraumatic stress disorder (PTSD).

The Veteran's tinnitus is granted as service connection due to its presumptive nature based on exposure to noise during combat.,There is no current diagnosis of a lower back disability, and the evidence does not support a finding that any such condition was incurred or aggravated by service.

The Board has found that there has not been substantial compliance with its remand orders and thus, the Veteran's claims for increased ratings for lumbar degenerative disc (DDD) and bilateral lower extremity radiculopathy are being remanded due to a lack of examination. Additionally, the TDIU claim is also being remanded as it is inextricably intertwined with the back and radicular symptoms issues.

The Board has remanded the Veteran's claims for additional development due to new evidence received and incomplete records from his service.

The Board has denied the Veteran's requests for earlier effective dates for the grants of service connection for a lumbar spine disability and bilateral lower extremity radiculopathy of the sciatic nerve, finding that the earliest date of claim is January 15, 2013.

The Board has remanded several service connection claims due to the addition of new medical records since the last decision in February 2021. The Veteran was given an opportunity to have these records considered by the agency of original jurisdiction before the Board's consideration.

The Veteran's lumbosacral strain disability rating is being remanded for a new examination to assess the severity of her condition. The TDIU claim is also being remanded as the Veteran has not submitted the necessary forms and there is insufficient evidence to substantiate her claim.

The reduction in rating for the left knee disorder from 30% to 10% is void ab initio, and a restoration of the 30% rating is granted. Special monthly compensation at the statutory housebound rate effective August 30, 2021 is granted. The Veteran's claims for higher ratings and service connection are remanded.

The Veteran was granted a TDIU for the period from July 24, 2012 to July 9, 2017 due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation. The claim is moot as of July 10, 2017 when he received a 100% disability rating for ischemic heart disease.

The Veteran's claims for service connection for degenerative disc disease of the cervical spine with spinal stenosis and degenerative disc disease of the lumbar spine have been denied as there is no evidence linking these conditions to his military service or a service-connected disability.,A VA examination was scheduled, but the Veteran did not report for it. The Board found that this affected the claim's outcome.

The Veteran's back condition, other than syringomyelia, is related to his service and the Board has granted service connection for this condition.

The Board has granted service connection for right ear hearing loss but has remanded the issue of service connection for an upper back disorder due to a lack of examination and opinion regarding this condition.

The Board has decided to remand the Veteran's claims for service connection for back and neck conditions due to a lack of evidence regarding their etiology. A VA examination is needed to determine if these conditions are related to his military service.

The Veteran's appeal for a higher rating and earlier effective date for his lumbar spine degenerative joint disease has been dismissed due to the death of the Veteran during the pendency of the appeal.

The Board has granted service connection for left shoulder disorder, left knee disorder, low back disorder, and right ankle disorder based on the Veteran's credible statements of in-service injury and subsequent disability.

The Veteran's sinusitis, right shoulder strain, left bicipital tendonitis, and thoracolumbar strain have been granted initial ratings. Right leg radiculopathy service connection has been denied.

The Veteran's tinnitus, left wrist disability, and low back disability are all found to be related to service. The infertility and psychiatric disabilities are remanded for further development.,Issues regarding the infertility and acquired psychiatric disabilities are also remanded.

The Board has remanded the claims for low back disability, left and right lower extremity neurological disabilities, tremors affecting hands, and erectile dysfunction due to in-service exposure during Hurricane Beulah cleanup efforts. Additional medical opinions are needed regarding service connection and potential toxic exposures.

The Board has remanded the Veteran's claims for lumbar spine DDD, hypertension, heart disability (claimed as a heart attack and stent), gastrointestinal disorder (IBS), and skin cancer due to inadequate medical opinions.

The Veteran's service-connected disabilities, including PTSD, degenerative joint disease of the lumbar spine, bilateral lower extremity radiculopathy, and gastritis, have rendered him unable to secure or follow a substantially gainful occupation.