Back / lumbar spine decisions — 2023

The Veteran's lumbosacral strain is granted as service connected. The right shoulder condition with pain and motion is remanded for further examination.

The Board has determined that there are outstanding SSA records related to the Veteran's disability claims and remands the case for obtaining these records. The right leg condition claim is also being remanded as it is inextricably intertwined with the lumbar spine condition claim.

The Veteran's claim for an annual clothing allowance for Canadian Crutches in 2020 is being remanded due to insufficient explanation of the denial and conflicting evidence regarding use for a service-connected disability.

The Veteran's claims for a higher rating for lumbar spine degenerative arthritis with intervertebral disc syndrome and left lower extremity radiculopathy secondary to the same condition were denied. The Board found that the evidence did not support ratings in excess of 20 percent or 10 percent, respectively.

The Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation, warranting a TDIU rating.

The Veteran's appeal was denied for various conditions, including allergic rhinitis, left ear hearing loss, tinnitus, hernia condition, right ankle and leg disabilities, sinusitis, cervical spine and lumbar spine conditions, chronic heart disease, chronic heart failure, hypertension, and sleep apnea. The appeals were all denied as the evidence did not meet the criteria for a higher rating or service connection.

The Board has granted service connection for left knee and lumbar spine disabilities, finding that the Veteran's preexisting conditions were aggravated by his active duty. Service connection was denied for a respiratory condition due to asbestos exposure during service.

The Board has remanded the case for further development and examination, including for a VA examination to assess the current severity of service-connected PTSD and closed fracture of the fifth right metatarsal head. The Veteran's claim for a respiratory disorder due to burn pit exposure is also remanded.

The Board has reopened the claim for service connection for a back disability due to new and material evidence, but remanded it for further examination.

The Veteran's claim for a rating greater than 10 percent for fibromyalgia prior to February 12, 2020 is denied. The Board has also found that the Veteran's back disorder may be related to active service or INACDUTRA and remanded for further development.

The Veteran's application to reopen the claim of entitlement to service connection for a keloid scar of the neck was granted. Service connection for this condition is also granted. The Board has remanded the issues regarding back and right foot disorders due to incomplete STRs.

The Board has found the prior remand directives not substantially complied with and has ordered a new examination to address whether the Veteran's erectile dysfunction is caused or aggravated by his service-connected conditions.

The Board has remanded the cases for additional development, including obtaining the curriculum vitae of the VA examiners and issuing a supplemental statement of the case.

The Board has remanded several claims related to the Veteran's back disability and sciatic radiculopathy, as well as his unemployability and Dependents' Educational Assistance eligibility. The specific issues include rating adjustments for various periods of time.

The appeals of the denials for increased ratings on several conditions have been dismissed due to withdrawals by the appellant.

The Board has remanded the claims for service connection due to inadequate VA examinations and failure to obtain private medical records. The Veteran's back disability is being evaluated again, and his bilateral hearing loss is also under review.

The Veteran's claim for increased ratings for his service-connected cervical degenerative disc disease was denied as the disability did not meet the criteria for a higher evaluation under VA rating criteria.

The Board has remanded several claims for additional development, including obtaining VA and non-VA treatment records related to the Veteran's right shoulder, right foot, right wrist, right knee, back, and hearing loss disorders.

The Veteran's service connection claims for a concussion disorder, right arm disorder, and back disorder have been denied. The claim to reopen the previously denied service connection claim for a back disorder has also been denied.,A rating in excess of 20 percent for the Veteran's gout disability has been denied.

The Board has remanded the claims for service connection for a back disability, prostate disability, and bladder disorder due to inadequate medical opinions and failure of the Veteran to attend scheduled VA examinations. The claims are again remanded.