Back / lumbar spine decisions — 2023

The Veteran's appeal for service connection for unspecified depressive disorder and migraine headaches prior to September 28, 2018 has been dismissed.,The Veteran's appeal for service connection for a cervical spine disability is remanded.

The Board denied service connection for a back disability and right ear hearing loss, finding that the evidence did not support a link to service.,There is no indication of any current or in-service hearing loss issues.

The Board has decided to remand two issues related to the Veteran's service-connected low back disability, including a request for an evaluation higher than 40 percent from June 14, 2019, and a request for an earlier effective date for the award of an increased rating.

The Veteran's lumbosacral strain is rated at 40 percent, and separate ratings of 20 percent are assigned for left and right lower extremity radiculopathy throughout the appeal period.

The Veteran's bilateral hearing loss is granted as service-connected. The low back condition claim is remanded due to a duty-to-assist error.

The Board has remanded the claim for further development due to duty-to-assist errors in the June 2019 rating decision, including inadequate consideration of medication effects and failure to provide passive range of motion measurements.

The Board has decided to remand the Veteran's claims for neck/upper back disability and headaches due to inadequate VA medical opinions. The AOJ will obtain new opinions addressing the etiology of these conditions.

The Veteran's claims for service connection for lumbar spine disability, OSA, and GERD are being remanded due to inadequate medical opinions and the need for additional development related to potential toxic exposure under the PACT Act.

The Board has determined that readjudication is warranted as to the claims for service connection for bilateral hearing loss and a back disability, and remanding the claims for readjudication.

The Veteran's lumbar spine disability is rated at 40 percent, right and left lower extremity radiculopathies are each rated at 20 percent. The Veteran does not meet the criteria for a higher rating under the General Rating Formula or IVDS Formula.

The Veteran withdrew his appeals for the ratings and service connection claims related to thoracolumbar spondylosis, hypertension, and radiculopathy left lower extremity sciatic nerve.

The Board has determined that the Veteran's claim for service connection of a low back disorder requires further examination and review due to an error in obtaining medical evidence prior to the March 2018 decision on appeal. The case is therefore remanded.

The Board has determined that the Veteran's current degenerative disc disease of the lumbar spine, status post laminectomy, is related to service and grants service connection for this condition.

The Veteran's lower back disability is currently rated at 10 percent, and the Board finds that this rating is not warranted based on current evidence. The Veteran has some occasional restriction of motion but no reports of irregular muscle spasms or reduced strength.,The Veteran's ankle disorders produce occasional pain and slight limitation of motion in both ankles.

The Board has remanded the cases for further development and clarification of medical opinions regarding service connection claims, including those related to hypertension, skeletal arthritis, psychiatric disorders, tinnitus, and erectile dysfunction.

The Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence to support his claim and concluding that any current back disability is not related to service.

The Veteran's claims for increased ratings for cervical strain and dorsal and low back strain have been denied. The criteria for a higher rating were not met based on the current evidence.

The Veteran's service connection claims for COPD, OSA, HTN, and other conditions are remanded due to the need for additional medical examinations to determine their etiology.

The Veteran's claim for a higher rating for lumbosacral spine degenerative arthritis with IVDS is remanded due to the need for additional development, including an adequate VA examination.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and back condition have been reopened. The claims are granted.