Back / lumbar spine decisions — 2023

The Veteran's right thumb strain, lumbar spine IVDS with degenerative joint disease, and left knee strain are all found to be related to his military service. The acquired psychiatric disorder (persistent depressive disorder and other specified anxiety disorder) and TBI claims are remanded for further examination and opinion.

The appeal for DIC under 38 U.S.C. § 1318 is denied, and the cause of death claim is remanded due to a lack of evidence regarding the Veteran's exposure to asbestos or herbicide agents.

The Veteran's claim for TDIU prior to April 23, 2013, is remanded due to a duty to assist error. The Board finds sufficient evidence to substantiate the possibility of unemployability by reason of service-connected disabilities prior to that date.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, headaches, hypertension, sleep apnea, and psychiatric disorders, were denied as there was no evidence of a current disability or a link to service.

The Board has determined that the Veteran's back disability is related to his service as a paratrooper, and thus grants service connection for this condition.

The Board has granted service connection for bilateral hearing loss. The issues of service connection for cervical spine, lumbar spine, and left shoulder disabilities are remanded due to a duty-to-assist error.

The Veteran's claim for service connection for lumbar strain and sleep disorder (idiopathic hypersomnia) has been granted due to the submission of new evidence. The claims are now considered valid.

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 Board has determined that new and relevant evidence has been received to readjudicate the claims for service connection for cervical and lumbar spine disabilities. The claims are being remanded due to a lack of a VA examination at the time of the decision on appeal.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's service-connected disabilities caused or aggravated his obesity, which is a factor in developing obstructive sleep apnea (OSA). The VA examiner must consider and discuss each specific service-connected disability and the potential individual and collective impacts of toxic exposure risk activities on his disability.

The Board has determined that the Veteran's degenerative arthritis of the lumbar spine (low back syndrome) did not begin or be aggravated during his active service, and thus denied his claim for service connection.

The Veteran's right knee strain, left knee strain, and lumbosacral sprain/strain are all found to be related to his active service.

Service connection for the Veteran's residuals of right ankle distal fibula fracture is granted. The Board also found that service connection should be granted for a back disability and a right ankle deltoid ligament sprain, but remanded to obtain additional medical opinions.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and pes planus due to insufficient evidence in the record.

The Board has remanded the case due to a duty to assist error, requiring a new VA medical opinion on whether the Veteran's back disability is proximately due or aggravated by his service-connected right knee disability.

The Board dismissed the appeals for increased ratings of various spinal conditions and radiculopathies as untimely, given that a supplemental claim was filed while another review request was still pending.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance, as the requirement for such is attributed to non-service-connected back pain. As a result, special monthly compensation based on aid and attendance is denied.

The Board has determined that the development previously ordered by the June 2018 remand is still necessary to adjudicate the appeals. As such, this case is being returned for further action.

The Veteran's claim for service connection of a low back disability has been granted. The remaining issues on appeal, including those related to bilateral hearing loss, diabetes mellitus with atrial fibrillation and erectile dysfunction, lower extremity diabetic peripheral neuropathy, SMC based on the loss of use of a creative organ, and TDIU prior to February 24, 2021, are remanded for further action.

The Veteran's claim for an initial increased rating for his service-connected back disability is remanded due to a pre-decisional duty to assist error regarding the adequacy of a VA examination.