Back / lumbar spine decisions — 2023

The Board has granted service connection for a low back disability and remanded the issue of secondary service connection for right carpal tunnel syndrome to include as secondary to service-connected residuals of a ganglion cyst of the right wrist.

The Veteran's lumbar spine degenerative arthritis and right lower extremity radiculopathy (sciatic nerve) were granted initial disability ratings. The lumbar spine was rated at 40 percent from October 11, 2016 to February 22, 2018. The right lower extremity radiculopathy (femoral nerve) received a higher rating of 20 percent from February 22, 2018.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's service connection claims for a low back disability and an acquired psychiatric disorder. The case is being remanded for further development.

The Board has remanded the claims for service connection for recurrent hip and knee disabilities, as well as a recurrent lumbar spine disability and obstructive sleep apnea due to potential errors in the initial decision.

The Veteran's claims for bilateral hip disorder, generalized anxiety disorder, and lower back disorder have been denied as there is no evidence of a current disability or a relationship to service.,Service connection cannot be established for these conditions due to the lack of in-service injury, disease, or continuity of symptomatology.

The Board has remanded the claims for service connection for a back disorder, left knee disorder, blood clots, and bilateral hearing loss due to new evidence received since the August 2019 rating decision. The claim for service connection for a bilateral foot disorder is not being readjudicated as there was no new and relevant evidence submitted.

The Veteran's service-connected disabilities, including PTSD, lumbar spine disability, sciatic nerve radiculopathy, femoral nerve radiculopathy, hemorrhoids, left foot bunion, erectile dysfunction, and human papillomavirus, prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's low back disorder, including anterior spondylolisthesis with foraminal encroachment, L5-S1, is granted as service connected. The left ankle condition is remanded for further evaluation.

The Veteran's lumbar strain and spinal stenosis are rated at 40 percent prior to October 1, 2013. The rating for radiculopathy of the lower extremities is granted at a separate 10 percent from February 22, 2013. Right ankle arthritis and scars are each rated at 20 percent beginning April 17, 2023. Hypertension is rated at 10 percent.

The Board has remanded the case due to an inadequate medical opinion regarding service connection for degenerative disc disease of the lumbar spine. The Veteran's claim will be reconsidered with a new examination and opinion.

The Board has granted service connection for a left lower extremity nerve disorder as secondary to the Veteran's service-connected DDD of the thoracolumbar spine. The Veteran was also granted TDIU on a schedular basis for the time period prior to May 3, 2022.

The Veteran's claim for a rating in excess of 20 percent for his low back disability prior to October 20, 2016 was denied. The Board found that the evidence did not show forward flexion limited to 30 degrees or less, ankylosis (or functional ankylosis), or incapacitating episodes of disc disease requiring at least four weeks of physician-prescribed bed rest per year.

The Veteran's appeal for a rating in excess of 20 percent for service-connected lumbar degenerative disc disease with myelopathy was dismissed. The claim for TDIU based on service-connected disabilities is granted, but the earlier effective date claim is remanded.

The Board has denied service connection for hepatitis C, thoracolumbar spine disorder, left and right lower extremity sciatica, and a psychiatric disorder. The case is being remanded to obtain a VA examination to determine if the Veteran's current psychiatric condition is related to his military service.

The Veteran's service-connected disabilities rendered him unable to maintain substantially gainful employment from December 10, 2010, to December 20, 2020. The Board granted a TDIU on an extraschedular basis for this period.

The Board has remanded the Veteran's claims due to incomplete records, including missing service treatment records. The Veteran is asked to provide releases for private medical records and complete VA Forms 21-4142.

The Board has remanded the claims for cervical spine disability, lumbar spine disability, acquired psychiatric disorder (including PTSD and depression), and obstructive sleep apnea due to additional development being necessary.

The Board denied service connection for a lumbar back disability, finding that the Veteran's condition did not manifest during active service or until many years after service and is not shown to be causally related to an in-service event.

The Veteran's appeals for increased ratings on four service-connected conditions have been dismissed. The Board has also remanded the claim of entitlement to service connection for obstructive sleep apnea.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the current issues on the appeal, including a VA examination for TBI and contemporaneous examinations for other disabilities.