Back / lumbar spine decisions — 2023

The Veteran's claims for service connection have been reopened, but the application to reopen the claim for a back disability has been dismissed. The applications to reopen the claims for sleep apnea and PTSD have been granted. The application to reopen the claim for an acquired psychiatric disability (PTSD) is also granted. The rating for residuals of fracture of the 4th finger of the right hand remains unchanged.

Your appeal has been dismissed because the Veteran died before a decision could be made. The Board does not have jurisdiction to proceed with this case.

The Veteran's claim for bilateral hearing loss was denied as there is no evidence of current hearing loss sufficient for VA purposes.,Service connection was granted for the low back condition, with a diagnosis of unspecified depressive disorder.

Service connection for prostate cancer is granted without application of the PACT Act. A rating of 20 percent for right lower extremity radiculopathy (sciatic nerve) is granted.

The Board has remanded the Veteran's claims for service connection due to pre-decisional duty-to-assist errors. The issues of entitlement to service connection for right knee, cataract, and lower back disabilities are being addressed.

The Veteran's claims for PTSD, sleep apnea, and low back condition have been reopened due to the submission of new and relevant evidence. The Board finds that his current obstructive sleep apnea is related to service, while his acquired psychiatric disorder and low back condition are not related to service.

The Board has remanded the case due to a duty to assist error and will need to obtain records from providers who treated the Veteran's low back condition in 2003-2004.

The Veteran's back disability is found to have started during service and has continued since then, meeting the criteria for service connection.

The Board has found new and relevant evidence to be received for the claims of service connection for degenerative disc disease, right knee disability, and left knee disability. As a result, these claims are granted.

The Veteran withdrew his appeal, so the Board dismissed it.

The Board has remanded the claims for service connection for various conditions due to the Veteran's failure to report for VA examinations. The issues of service connection are now pending and will be addressed by the AOJ.

The Veteran's claims for service connection were denied as they were received within one year of his separation from active service, and the effective dates cannot be earlier than August 1, 2013.

The Veteran's claim for service connection for left ear hearing loss is denied as there is no current disability meeting the VA criteria.,The claims for peripheral neuropathy of the right upper extremity, left upper extremity, right lower extremity, and left lower extremity are remanded due to incomplete service records and potential inconsistencies in the Veteran's DD Form 214 and Service Personnel Records.,The claim for an acquired psychiatric disability (claimed as mood swings and/or depression) is remanded due to incomplete service records and potential inconsistencies in the Veteran's DD Form 214 and Service Personnel Records.,The claims for lower back disability and skin disability are remanded due to incomplete service records and potential inconsistencies in the Veteran's DD Form 214 and Service Personnel Records.

The Veteran's claim of CUE in the October 1981 rating decision is dismissed because that decision was subsumed by the September 1983 Board decision. The Veteran can file a CUE motion regarding the May 1984 denial of reopening his low back disability claim with the AOJ.

The Board denied the appellant's claims for effective dates prior to August 18, 2020, for service connection of a lumbar spine disability and prior to March 21, 2022, for bilateral lower extremity peripheral neuropathy. The effective date for service connection was granted on August 18, 2020.

The Veteran's hypertension is granted as presumptively service-connected due to presumed exposure to herbicide agents. Other claims are remanded for additional development.

The Veteran's claim for TDIU is dismissed because he has a combined schedular rating of 100% and no single service-connected disability alone renders him unemployable, thus not warranting special monthly compensation (SMC).

The Veteran's claim for a compensable disability rating for scar, lumbosacral spine associated with lumbosacral strain with degenerative arthritis and spinal stenosis is denied. The Board has also remanded the Veteran's claims for increased ratings for bladder cancer during specific periods of time.

The Board has remanded the Veteran's claims of service connection for lumbar spine, right knee, and left knee disabilities due to inadequacies in the VA opinions provided. The AOJ is instructed to obtain addendum opinions from a medical professional.

The Veteran's appeal for service connection for a skin disorder, to include psoriasis, was dismissed due to the appellant withdrawing the issue. The appeals for service connection for left knee, right knee, and low back disorders are remanded.