Back / lumbar spine decisions — 2023

Service connection for prostate cancer is denied as there was no in-service disease or injury indicative of the condition, and it is not related to service.,Service connection for left foot disability is denied due to lack of evidence showing a disease or injury during service.,Service connection for right foot disability is denied due to lack of evidence showing a disease or injury during service.,Service connection for left CTS is denied as there was no in-service onset and it is not related to service.,Service connection for right CTS is denied as it is not caused or aggravated by a service-connected disability.,Service connection for vision disability (bilateral cataracts, bilateral dry eye syndrome, bilateral vitreous floaters, and bilateral pinguecula) is denied due to lack of evidence showing a disease or injury during service.,Service connection for lumbar spine disability is denied as there was no in-service onset and it is not related to service.,Service connection for cervical spine disability is denied as there was no in-service onset and it is not related to service.,Service connection for vitiligo is denied due to lack of evidence showing a disease or injury during service.

Your appeals for increased ratings and service connection have been dismissed due to the Veteran's death. The Board has no jurisdiction to proceed with these matters as he passed away while your appeal was pending.

The Board has denied the Veteran's claims for service connection for a left knee condition and a low back condition, finding that there is no current disability within the meaning of VA compensation purposes.

The Veteran's appeals for increased evaluations in excess of 60 percent for a back disability, right lower extremity peripheral polyneuropathy, and left lower extremity peripheral neuropathy have been dismissed due to the Veteran's withdrawal of his appeal.

Your claims for service connection have been granted. The Board has found new and relevant evidence that supports your claims.

The Veteran's back disability is denied as not related to service. The rating for gout, degenerative arthritis, and calcaneal spur of the left foot remains at 30 percent. Sleep apnea is granted with a 50 percent rating prior to June 22, 2020, but denied for higher ratings. Service connection for chronic sinusitis and bilateral hearing loss are remanded.

The Board has decided to remand the case due to an inadequate VA examination for lumbosacral strain, and a need for further evaluation of the Veteran's condition.

The Board has remanded the claims of service connection for low back, right hip, and left hip disabilities due to new evidence received after the February 2015 denial. The AOJ will consider this new evidence in its adjudication.

The Veteran's bilateral hearing loss is granted as service connected. The thoracolumbar spine disorder issue is remanded for further adjudication.

The appeal of the claim for a total disability rating based on individual unemployability due to service-connected disability (TDIU) is dismissed as it was not validly opted-in to the Appeals Modernization Act (AMA) system and remains pending in the Legacy system.

The Veteran's low back disability is rated at 40 percent prior to July 28, 2015. The Veteran's left sciatic nerve radiculopathy is currently rated at 10 percent. The issue of TDIU due to service-connected disabilities is moot and dismissed.

The Veteran's claim for an effective date earlier than October 3, 2015, for the grant of service connection for a back condition is denied. The Veteran's request for an increased disability rating in excess of 10 percent for his back condition is also denied.

The Board has granted service connection for right and left knee disabilities, as well as gastrointestinal tract disability (to include hemorrhoids and/or fissures).,Service connection is also granted for lumbosacral strain and initial evaluation of left lower extremity radiculopathy.

The Veteran's claim for a higher evaluation for his service-connected degenerative disc disease of the cervical spine is being remanded due to inadequate examination and lack of consideration of flare-ups.

The Board has determined that the Veteran's degenerative disc disease is etiologically related to his service, resolving all doubts in favor of the Veteran.

The Board has restored a 20 percent rating for the Veteran's lumbar spine disability effective March 9, 2022. The claim for service connection for PTSD was denied.

The Veteran's migraine headaches are rated at 30 percent, and service connection is granted for a low back disorder, bilateral pes planus, but RLE and LLE radiculopathy are denied.

The Board has dismissed the Veteran's appeals regarding service connection for traumatic brain injury, cervical spine injury, thoracic spine injury (claimed as low back injury), headaches, right knee pain, and right hip condition due to their docketing under the AMA system. The claims continue to reside in the legacy system.

The Veteran's asthma is related to exposure to burn pits while serving in Saudi Arabia. The Board granted service connection for this condition, finding it meets the criteria for presumptive service connection under the PACT Act.

The Board has remanded the Veteran's claims for service connection due to incomplete service records and potential exposure during service. The Veteran's low back disability, sciatica, and sleep apnea are being examined again to determine their etiology.