Back / lumbar spine decisions — 2023

The Veteran's cervical spine, lumbar spine, right knee, left knee, and left forearm disabilities are related to his active military service.,The Veteran's gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA) are caused by the Veteran's obesity, which in turn is caused by his service-connected depressive disorder and musculoskeletal disabilities.

The Board has remanded the Veteran's claim for service connection for a back disorder, as well as denied his claims for right and left hip disorders due to lack of evidence supporting their existence or causation.

The appeal regarding the issue of entitlement to service connection for a bilateral hearing loss disability is dismissed. The claims for lower back disability and neuropathy of the bilateral upper extremities are remanded.

The Board denied the Veteran's claim for a total disability evaluation based on individual unemployability (TDIU) from June 6, 2011, finding that his service-connected disabilities did not render him unable to secure or follow substantially gainful employment.

The Board has granted a 100% disability rating for the Veteran's PTSD, effective from the date of the decision. The issue of entitlement to TDIU based on service-connected PTSD is dismissed as moot due to the grant of a maximum rating.

The Board has decided to remand the claim due to failure to properly notify the Veteran of a scheduled VA examination and because an addendum opinion is needed regarding the etiology of his back condition.

Service connection for left ear hearing loss, lumbar spine disorder, and diabetes mellitus is denied.,The Veteran's psychiatric disability (other than PTSD) was granted an initial 70 percent evaluation.

The Veteran's lumbosacral strain with degenerative arthritis, left lower extremity sciatic nerve radiculopathy, and right lower extremity sciatic nerve radiculopathy have been granted initial ratings of 40 percent each, effective April 18, 2018.

The Veteran's TDIU claim is being remanded for referral to the Director of Compensation Service due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Board has remanded the claims for service connection for various lower extremity conditions due to incomplete records and need for further examination.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and TDIU are being remanded due to procedural defects. The RO must obtain updated VA medical records, issue a Supplemental Statement of the Case, and adjudicate the TDIU claim.

The Board denied service connection for low back disability, major depressive disorder, diabetes mellitus type II, hypertension, and obstructive sleep apnea. The evidence did not support a finding that these conditions began during active service or were related to in-service injuries or diseases.,There was no indication of herbicide exposure, and the Veteran's diabetes mellitus type II did not manifest within one year from separation.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Veteran's claim for a higher rating for his lumbar spine disability, including IVDS and DDD, is denied as the evidence does not support an increased rating beyond 40 percent.

The Veteran's service-connected disabilities prevented him from obtaining or retaining substantially gainful employment prior to August 29, 2022.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a spine examination to assess the Veteran's disability. The TDIU claim is also being remanded.

The Board has remanded the claim of service connection for a back disability due to inadequate examination and failure to address all requested opinions.

The Board has determined that the Veteran's claims for an increased rating for right knee patellofemoral pain syndrome and service connection for a low back disability require additional examination to determine their current severity, as the previous VA examinations were inadequate. The claims are therefore being remanded.

The Board vacated part of its decision denying a rating in excess of 10 percent for service-connected DDD of the lumbosacral spine, and remanded it due to a lack of contemporaneous examination. The claim is now pending again.

The Veteran's initial 70 percent rating for depressive disorder is granted, and the issues of service connection for right knee disability, left knee disability, left shoulder, headaches, and thoracolumbar spine disability are remanded. The compensable rating for hypertension issue is also remanded.