Back / lumbar spine decisions — 2023

The Veteran's claim for an earlier effective date prior to September 19, 2017 for a 50 percent rating for service-connected PTSD is denied. The Veteran was previously granted service connection and a 10 percent initial rating for PTSD on May 1, 2009, but did not file a VA Form 9 within the required timeframe to perfect his appeal.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantial gainful employment, leading the Board to grant his claim for total disability rating based on individual unemployability.

The Veteran's claim for service connection for residuals of a low back injury is remanded due to the need for additional evidence, including SSA records and medical records from Brackenridge Hospital in Austin, Texas, and UVA Hospital System.

The Board has remanded the claims for service connection due to inadequate medical opinions and development of records.

The Board has remanded several service connection claims due to incomplete records and the need for further verification of the Veteran's periods of active service.

The Veteran's claim for service connection for degenerative arthritis of the spine has been readjudicated due to submission of new and relevant evidence. The Board finds that his current back disability is related to his in-service injuries, including a motor vehicle accident in September 1961.

The Board has granted the Veteran's claim for service connection for a lumbar spine disability, finding that the evidence is at least in approximate balance and that the current condition is etiologically related to active service.

The appeal as to the hearing loss disability is dismissed. The Veteran's back disability has been granted an initial 40 percent rating.

The Board has decided that a VA examination is needed to determine the nature and etiology of any current back disabilities, as the May 2023 rating decision did not include such an examination.

The Board dismissed the appeal because the Veteran withdrew it before a decision was made.

The Board has remanded the Veteran's claims for cervical spine and left forearm and elbow disabilities due to a lack of VA examination and service records.

The Veteran's service-connected degenerative joint disease with IVDS of the lumbar spine, left lower extremity radiculopathy of the sciatic nerve, and GERD have all been granted increased ratings. The Veteran also received service connection for cervical sprain/strain and erectile dysfunction as secondary to his service-connected conditions.

The Board dismissed the appeal because there was no case or controversy before it, as the Veteran did not appeal an increased rating for his lumbar spine disability and service connection for vertebral fracture. The issues on appeal were limited to service connection for nerve impairment of each lower extremity.

The Veteran's claim for service connection of a low back condition is being remanded due to the submission of new and relevant evidence. The Board finds that a VA examination should be scheduled to determine the etiology of his current condition.

The Veteran's lumbosacral DJD and associated radiculopathy of the right and left lower extremities are granted with a rating of 40 percent effective June 10, 2011.

The appeal for a higher rating for tinnitus has been dismissed.,Your initial ratings for bilateral hearing loss and migraine headaches have been denied.

The Board has readjudicated the Veteran's claim for service connection due to new evidence submitted since his last final denial. The Veteran's current low back disability is found to be related to his military service.

The Board has determined that the RO did not schedule VA medical examinations for the Veteran before deciding his claims, and thus there is a pre-decisional error. The claims are REMANDED to allow for VA examinations.

The Veteran's claims for hearing loss, sleep disorder, acquired psychiatric disability (anxiety), back disability, right hip condition, left hip condition, right foot condition, left foot condition, right eye condition, and left upper eyelid chalazion have all been denied as there is no current evidence of these conditions.,The Veteran's claims for right knee disability and left knee disability have also been denied due to the lack of current evidence of these conditions.

The Board has granted service connection for mild degenerative disc disease of the lumbar spine, left lower extremity neuritis, and right lower extremity neuritis as secondary to service-connected bilateral pes planus with left foot strain, calcaneal spurs, and plantar fasciitis.