Back / lumbar spine decisions — 2023

Service connection for bilateral hearing loss and tinnitus is denied as the evidence does not support a link to service.,Service connection for lower back disability is denied due to lack of current diagnosis and no in-service injury or condition.

The Board has decided to remand the Veteran's claims for service connection for left shoulder disorder and low back disorder due to insufficient medical opinions regarding pre-existing conditions and aggravation.

The Board has remanded the case due to an inadequate medical opinion regarding whether the Veteran's quadriplegia was proximately caused and aggravated by his service-connected lumbar spine disability.

The Board has remanded the cases for further development due to insufficient medical opinions and a need for additional evidence. The Veteran's claims for lumbosacral strain and nose bleeds are pending.

The Veteran withdrew his appeal of the service connection claims for lumbago, lumbar spine strain, left knee patellar tendinopathy, and a right knee condition before the Board could make a decision.

The Veteran's acquired psychiatric disorder, including PTSD and primary insomnia, is granted as service-connected. The low back disability and left knee disability are remanded for further evaluation.

The Board has determined that there was a pre-decisional duty to assist error due to insufficient medical evidence and mischaracterization of the Veteran's appeal. The claim is remanded for an addendum opinion from the December 2021 VA examiner or another appropriate clinician.

The Board has decided to remand the case due to a failure to provide an adequate examination in the past, and additional evidence is needed to determine if the Veteran's degenerative disc disease is related to his service.

The Board has remanded the Veteran's claims for service connection due to an error in providing notice of his right to a hearing before the RO.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, an acquired psychiatric disorder (including PTSD, anxiety, and insomnia), headaches, traumatic brain injury, obstructive sleep apnea, knee disorders, foot disorders, ankle disorders, elbow disorders, shoulder disorders, hip disorders, hand disorders, wrist disorders, lumbar spine disorders, shin disorders, cold injury disorders, upper extremity cold injury disorders. The Board found that the Veteran did not have a diagnosis for these conditions during service or within one year of discharge and thus could not establish service connection.

The Veteran's low back disability, left wrist arthritis, and hypertension have been granted service connection. The low back disability is directly related to the in-service motorcycle accident. Left wrist arthritis is presumed due to continuous symptomatology since service. Hypertension has been aggravated by chronic pain from other service-connected disabilities.

The Board has determined that the Veteran does not have current diagnoses of any claimed foot, hip, knee, or lower back conditions. The claims for these conditions are therefore denied.

The Board has determined that a remand is necessary to correct the pre-decisional duty to assist error and obtain an adequate VA examination for the Veteran's left knee disability.

The Veteran's appeal of the December 2018 SOC is reinstated, and his claims for service connection are decided on their merits.

The Board has dismissed the Veteran's appeals for service connection on multiple conditions due to an administrative error in docketing.

The Veteran's ratings for right lower extremity sciatic radiculopathy, left lower extremity femoral radiculopathy, and lumbar spine painful scar were reduced from 10% to noncompensable effective August 1, 2023. The reduction was remanded due to inadequate consideration of whether there was an improvement in the Veteran's condition.

The Board has granted the Veteran's claims for service connection for low back disability and hypertension, but remanded the issue of service connection for hypertension due to a lack of a VA examination.

The Veteran's lumbar spine disability and PTSD with panic disorder have been granted service connection, and the Veteran has also received a 70% disability rating for his PTSD. The issues of TDIU and temporary total evaluation due to surgery requiring convalescence or hospitalization are still pending.

The Veteran's lumbosacral spine disability was granted an initial rating of 40 percent. The Board found that the Veteran's lumbosacral spine disability warranted a 40 percent rating based on forward flexion limited to 30 degrees or less after repeated use over time and during flare-ups. Service connection for right knee, left knee, and bilateral hearing loss disabilities is remanded.