Back / lumbar spine decisions — 2024

The Board has determined that new and material evidence has been received to reopen the claims for service connection for a right testicular disability, tinnitus, and dental trauma to include TMJ. The claims for service connection for bilateral hearing loss, low back disability, dyspepsia, eye disorder, headaches, left wrist condition, neck condition, right shoulder condition, and traumatic brain injury are remanded due to outstanding VA treatment records.

The Board has remanded the claims for service connection due to outstanding VA treatment records and a need for further examination regarding the acquired psychiatric disorder. The appellant's hearing loss claim is also remanded.

The Veteran's acquired psychiatric disorder, including PTSD, was incurred in or caused by military service due to an in-service personal assault. The Board granted the claim for service connection.

The Board has remanded the case for obtaining private treatment records and a retrospective medical opinion report regarding the severity of lumbar strain at the time of the March 2018 and August 2019 VA examinations.

The Board has remanded the case due to insufficient evidence regarding the Veteran's service dates and treatment records. The Veteran is seeking service connection for a lumbar spine disability, but the VA examiner found it less likely than not related to his service.

The Veteran's claims for service connection are remanded due to the need for additional medical opinions regarding the nature and etiology of his lumbar strain, sinusitis, allergic rhinitis, and diabetes mellitus.

The Veteran's service-connected disabilities, when taken together, prevent him from securing or following a 'substantially gainful' occupation given his prior vocational history and the impact of his service-connected right foot disabilities (i.e., pes planus, hallux valgus, and hallux rigidus), left foot disability(status post fracture with hallux valgus), back disability, right and left lower extremity radiculopathy, tinnitus, bilateral hearing loss, hypertension, right foot and back scars, and GERD, when taken together, have on obtaining and maintaining substantially gainful non-sedentary employment and sedentary employment, including in his past employment as a police officer.

The Board has remanded the claims for lumbar spine disability, right lower extremity radiculopathy, left lower extremity radiculopathy, and TDIU prior to January 17, 2012 due to incomplete development. The Veteran's SSA records are requested.

The Veteran's claims for bilateral dry eyes with light sensitivity, tinnitus, left ear hearing loss, allergic rhinitis, cervical spine degenerative disease, recurrent right wrist tendonitis, fractured base of the fifth metacarpal of the right hand, asthma with obstructive sleep apnea, and GERD have all been granted effective December 1, 2017.,The Veteran's claims for service connection for bronchitis, a right shoulder disability, left wrist disability, left hand disability (claimed as osteoarthritis and tendonitis), and a left knee disability were denied.

The Veteran's claim for an increased disability rating for his service-connected chronic low back pain syndrome is being remanded due to the need for AOJ review of additional VA generated evidence.

The Veteran's appeal for increased ratings and service connection has been dismissed. The Board has remanded the issues of service connection for residuals of Burkitt lymphoma on a direct basis, lumbosacral strain, and radiculopathy of the right lower extremity.

The Veteran's claims for service connection are remanded due to the need for additional medical examinations and records. The issues of entitlement to service connection for anxiety, low back condition, left foot condition, and right knee condition will be considered in light of any new findings regarding his left knee.

The Veteran's claim for an earlier effective date for the higher rating of 10 percent for hypertension is denied as it does not meet the criteria established by VA regulations.,The Veteran's claim for an earlier effective date for service connection for PTSD is denied due to a failure to timely file a substantive appeal within one year from the issuance of the June 2014 SOC, making the May 28, 2008 statement of the case (SOC) final.,The Veteran's claim for an earlier effective date for service connection for a back disability is denied as it does not meet the criteria established by VA regulations.

The Veteran's claim for a greater than 40 percent rating for his lumbar degenerative disc disease with herniated disc stats-post laminectomy and microdiscectomy of the L5-S1 was denied. A 60 percent rating for left lower extremity foot drop and left lower extremity radiculopathy involving S-1 nerve is granted from May 15, 2017. The Veteran's claim for a greater than 10 percent rating for right lower extremity neuropathy due to lumbar degenerative disc disease was denied.

The Board has determined that the Veteran's low back disability, including lumbosacral strain and degenerative arthritis, is related to his military service. After considering all evidence of record, the Board finds that reasonable doubt in favor of the Veteran has been resolved.

The Board has remanded the case due to issues related to the Appellant's character of discharge and service connection claims for various disabilities. The case will be returned to VA for further development, including obtaining medical opinions regarding the nature and etiology of the claimed conditions.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance of another person or being housebound has been remanded due to issues with notification and compliance with previous Board directives.

The Board found that the withholding of VA disability compensation benefits for training days in FY 2004 and FY 2014 was proper based on concurrent pay, and denied both appeals.

The Veteran's service-connected disabilities did not prevent him from obtaining and maintaining substantially gainful employment prior to May 9, 2022.

The Board has determined that the Veteran does not have chloracne at any point during the appeal period and therefore service connection for this condition is denied. The claims of increased rating for actinic keratosis, service connection for DDD, service connection for bilateral upper extremity neuropathy, and service connection for squamous cell carcinoma are all remanded due to the need for additional development.