Back / lumbar spine decisions — 2023

The Veteran's claim for a higher rating for degenerative arthritis of the lumbosacral spine is remanded due to conflicting findings regarding functional loss during flare-ups. The issue of entitlement to TDIU prior to December 3, 2019 remains on appeal.

The Board has determined that the Veteran's appeals for increased ratings and service connection are inextricably intertwined due to incomplete records of his periods of active duty, ACDUTRA, and INACDUTRA. The appeals have been REMANDED for further action.

The Board has remanded the claims of service connection for a bilateral knee condition, joint pain (claimed as polyarthritis), and low back disorder due to insufficient medical opinions regarding whether these conditions are MUCMIs.

The Veteran's headaches are granted a 50% rating as of July 24, 2018. The remaining issues on appeal (left shoulder condition, right shoulder labral tear with degenerative arthritis, lumbar spine disability, right knee condition, muscle strain of the bilateral arms, thighs, and calves, reactive airway disease with asthma, and IBS) are remanded for further evaluation.

The Board has determined that the Veteran's back and right knee conditions are not service-connected, as there is no evidence to support a finding of in-service incurrence or aggravation.

The Veteran's tinnitus was granted service connection. The Board found that the evidence supported a finding of in-service onset and continuity of symptomatology.,Service connection for left foot toenail disability, right foot toenail disability, left foot fungus disability, and right foot fungus disability were all granted. The Board determined that the evidence supported an in-service onset and continuity of symptomatology.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional VA examinations.

The Veteran's appeal is being remanded for further development due to lack of substantial compliance with the Board's March 2023 Remand directives. The matter remains on appeal as it pertains to a higher rating for his service-connected back disability.

The Board has determined that the Veteran's back disability did not begin during active service and is unrelated to any in-service injury. The evidence does not support a finding of service connection for his back disability.

The Board has remanded the case due to a failure to comply with its June 2019 remand instructions, specifically regarding obtaining Army Reserve service treatment records for the Veteran's low back disability. The RO is instructed to obtain these records and associate them with the claims file.

The Board has remanded the case for further development due to inadequate previous VA examination opinions and a need for a TERA-specific examination. The Veteran's low back disability is being considered on the basis of new evidence.

The Veteran's DDD of the lumbar spine is currently rated at 40 percent, which is the highest rating available under the General Rating Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as there is no finding of ankylosis or intervertebral disc syndrome (IVDS).

The Veteran's claims for increased disability ratings and earlier effective dates were denied. The Board found that the evidence did not meet the criteria for higher disability ratings under the applicable rating schedule.

The claims of service connection for back, right knee, and left knee disorders have been readjudicated due to new and relevant evidence. The claim for service connection for a neck disorder is denied.,The claims of service connection for right hand and left hand disorders are remanded as there is insufficient evidence to determine their relationship to service.

The Veteran's claim for increased ratings for his service-connected lumbar spine degenerative arthritis with intervertebral disc syndrome and degenerative disc disease was denied. The rating before December 1, 2022, is still at 10 percent, while the rating since December 1, 2022, is now at 40 percent.

The Veteran's service-connected disabilities, including depressive disorder and degenerative disc disease, have rendered him unable to secure and follow substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's initial compensable rating for cystic kidney disease is denied.,His rating for hemorrhoids remains at 10 percent, as there is no evidence of persistent bleeding or secondary anemia.

The Veteran's appeal for bilateral hearing loss was dismissed as the Veteran withdrew his appeal.,Service connection for tinnitus is granted, with reasonable doubt resolved in favor of the Veteran.

The Veteran's claim of service connection for a low back disability was denied in May 2019. New evidence received since then, including a VA examination and the Veteran's hearing testimony, has been deemed relevant to his claim. The case is being remanded due to pre-decisional duty to assist errors.

The Board has granted secondary service connection for the Veteran's lumbar spine degenerative arthritis, finding that it was aggravated by his service-connected traumatic arthritis of the right knee.