Back / lumbar spine Board decisions

The Board has granted service connection for bilateral hearing loss and denied service connection for lumbar spine disability. Bilateral hearing loss is considered a chronic disease under VA regulations, as evidenced by in-service records showing the Veteran had high frequency bilateral hearing loss prior to separation from active service. The Board found reasonable doubt regarding whether the current disability of lumbar spine disability was incurred during service due to flight deck duties and back pain noted in service treatment records.

The Board has remanded the claims of service connection for bilateral hearing loss, tinnitus, a bilateral knee disorder, a back disorder, and a traumatic brain injury (TBI) due to incomplete compliance with previous remand directives.,Specifically, the VA examinations did not consider the Veteran's documented complaints or diagnoses during the appeals period and relied on incorrect premises in reaching their medical opinions.

The Board has decided to remand the Veteran's claims for additional development due to the need for addendum medical opinions and range of motion measurements.

The Board has granted service connection for the Veteran's neck disability, but remanded the issues of service connection for his lumbar spine and left knee disabilities.

The Board has granted service connection for the Veteran's low back disability, but remanded his claims for right knee condition and rectum disorder due to additional development being needed.

The appeal seeking a higher rating for degenerative disc disease (DDD) of the thoracolumbar spine is dismissed.,A rating higher than 10 percent for limitation of extension of the left knee is denied.,A compensable rating for bilateral hearing loss is denied.,A rating higher than 10 percent for shrapnel wound scar of the upper left chest is denied.,A compensable rating for residual scars from right hip replacement and shrapnel wound scar is denied.

The Veteran's lumbar spine disability was granted a 40% evaluation beginning September 14, 2020. The right and left radiculopathy of the lower extremities were each granted a 10% evaluation from July 29, 2014 to October 18, 2017, and then denied thereafter.

The Veteran's service-connected back disability, along with other disabilities, has rendered him unable to secure and follow substantially gainful employment prior to May 18, 2011.

The Veteran's PTSD is currently rated at 50 percent, but the evidence does not support a higher rating due to symptoms that do not meet the criteria for a 70 percent rating.,The Veteran's cervical spine disability with cervical strain is currently rated at 20 percent and does not warrant an increase in rating as his range of motion meets the current criteria for this rating level.,The Veteran's lumbar spine disability with lumbar strain is currently rated at 20 percent and does not warrant an increase in rating as his range of motion also meets the current criteria for this rating level.

The Board has decided to remand the case due to inadequate rationale in the previous opinions and needs further examination to determine if the Veteran's low back disability is caused or aggravated by his service-connected bilateral knee disabilities.

The Veteran's claims for an initial rating in excess of 20 percent for degenerative lumbar disc disease with spinal stenosis and entitlement to a total disability rating based on individual unemployability (TDIU) are being remanded due to procedural issues. The RO must address both claims and issue a supplemental statement of the case.

The Board has determined that the Veteran's tinnitus, left ear hearing loss, and other conditions are service-connected. However, several issues related to knee conditions, pulmonary embolism, deep vein thrombosis (DVT), phlebitis, bronchitis, undiagnosed illness, and fatigue have been remanded for further evaluation due to the need for additional medical examinations.

The Board dismissed all claims related to service connection and ratings for various conditions, including radiculopathy of the right lower extremity, degenerative disc disease and degenerative joint disease of the lumbar spine, osteoarthritis of the left knee, and degenerative arthritis of the right knee. The effective dates were also not granted.

The Veteran's claims for increased ratings for radiculopathy, sciatic nerve left lower extremity and right wrist sprain were denied. The claim for an initial disability rating in excess of 10 percent for lumbar spine degenerative disc disease with anterolistheses and spondylolysis was also denied.

The Board has remanded the case for further development due to insufficient nexus opinions regarding the Veteran's back disorder. The bilateral hearing loss claim is denied as there is no evidence of a current disability related to service.

The Veteran's spinal stenosis with degenerative disc disease of the lumbosacral spine with intervertebral disc syndrome is rated at 40 percent effective June 18, 2019. The rating for radiculopathy of the right lower extremity remains denied.

The Veteran's appeal for service connection for a back disability, which was linked to his service-connected bilateral knee condition, has been dismissed due to the Veteran's death.

The Veteran's appeal is remanded for further development due to unresolved issues regarding service connection for various conditions.

The Board has withdrawn the issues of increased ratings for bilateral hearing loss and tinnitus. The claim for service connection for a low back disability is being remanded due to new evidence received in March 2021. Service connection for an acquired psychiatric disorder, including major depressive disorder with anxious distress, moderate-severe with psychotic features, anxiety, dysthymic disorder, and an adjustment disorder, has been granted. The issues of service connection for migraines, low back disability, and obstructive sleep apnea are being remanded.

The Veteran's appeals for increased ratings for his thoracolumbar spine and left shoulder disabilities were denied. The Board found that the current evaluations of 20 percent for each disability are not in excess of what is warranted based on the evidence.