Back / lumbar spine decisions — 2023

The Veteran's appeal for a rating in excess of 10 percent for bilateral tinnitus was dismissed as the Veteran withdrew his claim prior to the promulgation of a decision.,The petition to reopen the claim for service connection for asthma and/or COPD is granted, but the petition to reopen the claim for service connection for obstructive sleep apnea is denied. The low back disability claim is also denied.

The Veteran's claims for earlier effective dates for the award of service connection for type II diabetes mellitus and diabetic retinopathy with multiple microaneurysms are denied as his claim was not received until October 24, 2017.,The Veteran's claim for an increased rating for lumbosacral intervertebral disc syndrome with degenerative arthritis is remanded due to the possibility of a factually ascertainable increase in severity within one year prior to the receipt of his claim.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including right knee disability and low back disability. The main issue is determining whether any of these conditions are related to service or other service-connected disabilities.

The petition to reopen a claim of entitlement to service connection for hypertension, claimed as high blood pressure is granted.,The petition to reopen a claim of entitlement to service connection for loss of sensation, numbness, and weakness in the bilateral upper extremities is granted.,The petition to reopen a claim of entitlement to service connection for obstructive sleep apnea is granted.,The petition to reopen a claim of entitlement to service connection for a back disability is granted.,The petition to reopen a claim of entitlement to service connection for a chronic pain disability is granted.,The petition to reopen a claim of entitlement to service connection for erectile dysfunction is granted.,The petition to reopen a claim of entitlement to service connection for bilateral flatfeet is granted.,The petition to reopen a claim of entitlement to service connection for GERD is granted.,The petition to reopen a claim of entitlement to service connection for hemorrhoids is granted.,The petition to reopen a claim of entitlement to service connection for hepatitis C is granted.,The petition to reopen a claim of entitlement to service connection for a cervical spine disability is granted.,The petition to reopen a claim of entitlement to service connection for a headache disability is granted.,The petition to reopen a claim of entitlement to service connection for a sinus disability is granted.,The petition to reopen a claim of entitlement to service connection for an eye disability, claimed as dry eyes and allergies is granted.

The Veteran's lumbar spine disability is granted as service-connected. The right and left lower extremity radiculopathy are also granted as secondary to the service-connected lumbar spine disability.,Service connection for cervical spine disability, diabetes, or painful scars of the upper extremities is not warranted.

The Veteran's appeals for compensation under 38 U.S.C. § 1151 and service connection are being remanded due to the need for additional development.,Specifically, the Board is requesting complete medical opinions with detailed rationales citing appropriate medical principles for each disability and prong of these claims.

The Board has determined that additional development is necessary for the claims of service connection for various disorders, including foot fungus, nose disorder, back disorder, asthma, psychiatric disorder, sleep apnea, and hearing loss. The appeals are being remanded to obtain clarification on private treatment records and to schedule VA examinations.

The Board denied the Veteran's claims of service connection for a back disability and bilateral leg sciatica, finding that there was no evidence linking these conditions to his military service.

The Board has remanded the claim for service connection of a low back disability due to inadequate reasoning in the July 2022 VA medical opinion and the need for an addendum opinion.

The Board has remanded the cases for further development due to insufficient opinions regarding the etiology of the Veteran's back condition, eye condition, and Hepatitis A.

The Veteran's tinnitus has been granted service connection. The Board finds the Veteran's back disability, occasional dizziness, obstructive sleep apnea, heart condition, trouble swallowing with pain in the chest, erectile dysfunction, type II diabetes mellitus, light sensitivity, right lower extremity numbness, and left lower extremity numbness must be remanded for additional development.

The Veteran's low back disability is rated at 40 percent, effective July 31, 2023. Radiculopathy of the left and right lower extremities (sciatic and femoral nerves) are also rated as 40 percent each since July 31, 2023.

The Board has decided to remand the Veteran's claim for service connection for a lumbar spine disorder, as there are deficiencies in the last VA opinion of record and additional development is needed.

The Board has remanded the claims for service connection for back and neck disorders due to an inadequate medical opinion based on an inaccurate factual premise. The Veteran is required to undergo VA examinations to determine if his current back and neck disorders are related to in-service complaints.

The Veteran's previously denied claims for service connection are being reopened, and the Board is remanding several issues including gastrointestinal disorders, lumbar spine disorder, heart disorder, ED, sleep apnea, PTSD, bilateral hearing loss, and TDIU.

The Veteran's claims for service connection for a left knee disability and back disability have been reopened, and the Board has found that these conditions are related to his military service. The claim for TDIU is also remanded.,The VA will provide an opinion regarding whether the Veteran's back disability was caused by or aggravated by his service-connected bilateral knee disabilities.

Entitlement to a rating of 40 percent for lumbar degenerative joint disease and spinal stenosis from January 31, 2012, to October 25, 2021, is granted.,Entitlement to a separate initial disability rating of 20 percent, but no higher, for left lower extremity neuropathy of the femoral nerve since January 31, 2012, is granted.,Entitlement to total disability rating based upon individual unemployability (TDIU) from January 31, 2012, to October 25, 2021, is granted.

The Board has granted service connection for a low back disability and migraines, finding that the Veteran's current conditions are related to her military service. The claims were reopened due to new evidence received since the last final denial.

The Board has determined that the claims of service connection for bilateral hip, knee, neck, and low back disorders must be remanded due to inadequate opinions from previous VA examiners. New examinations are needed to determine if these conditions are related to the Veteran's period of service.

The Veteran's claim for an earlier effective date for HIV-related illness is denied.,The Veteran's claim for an earlier effective date for lumbar herniated disc and lumbar arthritis is denied.,The Veteran's claim for an earlier effective date for radiculopathy of the left lower extremity is denied.