Back / lumbar spine decisions — 2023

The Veteran's claims for increased ratings and service connection were denied. The decision also noted that some issues, such as right knee instability and thoracolumbar scoliosis with DDD and IVDS, are currently rated appropriately.

The Veteran's appeal for increased evaluation of right knee chondromalacia was denied as the evidence did not support a higher rating prior to March 2018. The appeals for left knee condition, hypertension, lower back with bulging disc (now claimed as low back condition), sleep apnea, and right hip trochanteric bursitis, mild osteoarthritis were all denied.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that his current condition was not aggravated by military service and that the pre-existing disability did not worsen beyond its natural progression.

The Veteran's lumbosacral radiculopathy of the left lower extremity is granted a 20% rating, effective February 7, 2012. The Veteran's surgical scar of the lumbosacral spine is granted a 10% rating on and after September 19, 2019. The reduction in the rating for lumbosacral degenerative disc and joint disease from 20% to 10% is restored.

The Veteran's service connection claims for bilateral hearing loss, left index finger disability, eye disability (flash burn in eyes), low back disability, and right shoulder disability are all denied. The AOJ is directed to provide VA examinations or obtain additional medical opinions regarding these claims.,The Veteran's service connection claim for a left index finger disability remains pending as the AOJ has not provided a VA examination.

The Veteran's hypertension, heart disorder, urinary tract disorder, low back disorder, right hip disorder, left knee disorder, and right knee disorder are presumed to be related to his service due to herbicide exposure. However, the claims for these conditions prior to August 10, 2022, and other than under the provisions of the PACT Act, are remanded as new evidence is needed.

The Board has determined that the Veteran's claims for an initial rating in excess of 10 percent for his service-connected degenerative arthritis of the thoracolumbar spine, service connection for a chest disorder (including arthritis and costochondritis), and service connection for a psychiatric disorder (including PTSD) are remanded due to the need for additional examinations and consideration.

The Veteran's claim for increased ratings for various conditions, including lumbar spine degenerative arthritis with IVDS, spinal stenosis, and spondylolisthesis, S/P lumbar fusion, left ankle sprain and closed fracture of lateral malleolus, right ankle sprain, hyperhidrosis, and anal sphincter weakness with episodes of incontinence, was denied. The appeal for increased ratings is dismissed.

The Veteran's appeal is remanded due to the need for an opinion regarding functional equivalent of unfavorable ankylosis at any point during the appeal period.

The Veteran's claims for various conditions are being remanded to obtain missing service records and conduct medical examinations. The specific issues include bilateral hearing loss, acquired psychiatric disorder (secondary to other conditions), skeletal arthritis, bowel disorder, low back disorder, hip disorders, knee disorders, and foot disorders.

The Board has remanded the Veteran's claims for service connection for back, right knee, left knee, and hypertension conditions due to non-compliance with previous remand directives.

The Veteran's TDIU claim is granted as she meets the schedular criteria for a TDIU based on all her service-connected disabilities, which include a lumbar spine disability rated at 40 percent and other conditions. The effective date will be determined by the AOJ.

The Board has remanded the Veteran's claims for service connection due to new evidence submitted since the most recent Supplemental Statement of the Case (SSOC). The issues will be reconsidered by the agency of original jurisdiction (AOJ) with consideration of this additional evidence.

The Board has reopened the claim for service connection for a low back disability, including scoliosis, spinal bifida, and degenerative disc disease. The issues of service connection for right lower extremity neuropathy and/or radiculopathy and left lower extremity neuropathy and/or radiculopathy are also remanded due to new evidence received since the July 2014 rating decision.

The Veteran's service-connected degenerative spondylosis with bilateral sciatica lumbar spine substantially contributed to his death in a motor vehicle accident, and the Board granted service connection for the cause of death.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further development, including VA examinations.

The Board has remanded the case due to an inadequate VA examination report and failure to enforce compliance with prior remand orders. The Veteran's claim for a higher rating before June 13, 2014 is now pending again.

The Board denied service connection for a low back disorder, arthritis including involvement of hips and shoulders, and atrial fibrillation (irregular heartbeat) due to the lack of evidence showing these conditions began during service or are related to service.,Specifically, the VA examiner found no link between current lumbar spine diagnoses and in-service injury, event, or disease. The Board also noted that there is no medical or scientific evidence linking the development of arthritis to Agent Orange exposure.

The Board has remanded the issues of service connection for low back disorder, bilateral hip disorder, left knee disorder, and migraine headaches due to new evidence indicating these conditions may be related to service.

The Board has remanded the claims for left knee meniscectomy, left knee instability, right knee strain, and thoracolumbar disability due to incomplete or unclear responses from previous VA examinations.