Back / lumbar spine decisions — 2023

The Board has remanded the claims for higher disability ratings for right knee chronic strain with arthritis and lumbosacral strain with spinal stenosis due to issues regarding the competence of the VA examiner who conducted the December 2022 VA knee and back examinations.

The Veteran's respiratory disability, drug abuse disorder secondary to service-connected left knee and back conditions, and chronic pain disorder are all granted as service connected.,Service connection for the respiratory condition is established due to exposure during Southwest Asia service. Service connection for the drug abuse disorder and chronic pain disorder is established based on direct service connection.

The Board has reopened the Veteran's claims for service connection for a low back disability, stomach fibroid, right foot disability, left foot disability, and obstructive sleep apnea. The issues of entitlement to increased ratings for generalized anxiety disorder and TDIU are also remanded.

The Veteran's claims for service connection are granted. The left knee disability, right knee disability (as secondary to the left knee), tinnitus, and lumbar spine disability are all found to be related to his military service. However, hypertension is remanded as a VA examination is needed.

The Board denied service connection for a lumbar spine disability and psychiatric disorder, including PTSD, finding that the evidence did not support a link between these conditions and active service.

The Veteran's cervical strain, left hip strain, right shoulder strain, left shoulder strain, and lumbosacral strain are being remanded for additional medical opinions to determine if they are related to his in-service motor vehicle accident.

The Veteran's claims for service connection for tinnitus, bilateral hearing loss, lumbar spine disability, left lower extremity radiculopathy (left hip), left hip disability, left ankle disability, and left foot disability are all granted. The claim for service connection for gastroesophageal reflux disorder (GERD) is also granted.

The Veteran's service-connected disabilities do not render him unemployable, as he has maintained full-time employment throughout the appeal period. The Board denied his claim for TDIU because he is able to maintain a substantially gainful occupation.

The Veteran's lumbar spine disability was granted a 40% rating for the period prior to November 20, 2010. For the period on appeal, his claim for an increased rating was denied.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection of bilateral hearing loss, bilateral tinnitus, carpal tunnel syndrome, left shoulder condition, and back condition. The claims are being remanded due to insufficient medical opinions regarding the etiology of these conditions.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. The Board has determined that additional development is required, including VA examinations and a review of her medical records.

The Board has vacated its May 15, 2023 decision denying TDIU for the period prior to August 26, 2019 due to a procedural error. The case is now remanded for further development and consideration.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining private treatment records and scheduling VA examinations to assess his service-connected conditions.

The Board has remanded the case for further development and consideration of whether the Veteran is entitled to a total rating based on individual unemployability (TDIU) due to his service-connected disabilities. The issue will be referred to the Director of Compensation Service for extraschedular consideration.

The Board denied service connection for a low back disorder, finding that the appellant's reports of onset and continuity of symptomatology were not credible. The Board concluded that his current low back disorder is not related to his in-service injury.

The Board denied the Veteran's claims of service connection for bilateral knee disorder, cervical spine disorder, and thoracolumbar spine disorder. The evidence did not support a finding that these conditions began during active service or were related to in-service injuries.

The Veteran's thoracolumbar spine disability is being remanded for a medical opinion to determine if it is related to his service-connected bilateral knee and shin splint disabilities.

The claim of service connection for a low back disability (claimed as scoliosis) has been reopened, and the Veteran's left knee scars are denied an initial compensable rating.,VA is remanding the issue of whether the Veteran's low back disability is secondary to her service-connected right knee disability.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on aid and attendance, but she is eligible for a certificate of eligibility for financial assistance in acquiring specially adapted housing.

The Veteran's claim for a higher rating for degenerative arthritis of the lumbar spine and spondylolisthesis was denied, with his appeal being remanded due to insufficient evidence. The issue of service connection for a sleep disorder other than insomnia disorder is also remanded.