Back / lumbar spine decisions — 2023

The Board has determined that the VA examinations for cervical spine disorder, thoracolumbar spine disorder, and bilateral knee disorders are inadequate. The Veteran must be afforded new examinations to determine if his current conditions are related to service.

The Board has remanded several issues related to the Veteran's service connection claims, including PTSD, left ear hearing loss, foot conditions, cervical and lumbar spine conditions, sleep apnea, TBI, headaches, and seizures. The Veteran was not provided with a VA examination for his feet or headaches, and additional records are needed regarding an accident in Tennessee.

The Board has dismissed the appeals for service connection for sleep apnea, a rating in excess of 10 percent for painful scar, thoracolumbar mid-spine, and an increased rating for thoracolumbar spine spondylosis, degenerative disc disease, scoliosis, and intervertebral disc syndrome before June 1, 2020.

The Board has remanded the Veteran's claims of service connection for various disabilities, including left ankle, foot, wrist, shoulder, low back, and right knee injuries. The VA examinations are needed to determine if these conditions are related to service.

The Board has dismissed the appeals for increased ratings and service connection as the appellant withdrew his appeal prior to a decision being made.

The Board has granted service connection for a thoracolumbar spine disorder and bilateral knee disorders, finding that these conditions are related to the Veteran's active service, including parachute jumps and injuries sustained during deployment.

The Veteran's appeal involves multiple service-connected disabilities, including cervical spine and thoracic spine conditions, right upper extremity radiculopathy, osteoarthritis of the great toes, gastrointestinal disability, Peyronie's disease, and erectile dysfunction. The Board has determined that additional VA examinations are needed to assess the current severity of these conditions, as well as whether there is a nexus between his service-connected disabilities and any other claimed conditions or exposures.

The Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence showing it was incurred or aggravated during his active duty service. The Board also found that arthritis did not manifest within one year after discharge and thus could not be presumed to have been incurred in service.

The Board has granted service connection for Legg-Calve-Perthes Disease and post-operative lumbar fusion, spondylosis, spondylolisthesis with degenerative disc disease. The conditions are considered to have been present since before service due to their congenital nature, but were aggravated during service.

The Board has granted the Veteran's requests to readjudicate his claims for service connection for various conditions, including headaches, vertigo, left thumb disability, tailbone disability, cervical spine disability, and lumbar spine disability. The claims are remanded for additional examinations regarding tailbone, cervical spine, lumbar spine, sciatic nerve, left wrist, left hand, and bilateral foot disabilities, as well as for an examination to determine the etiology of vertigo and sleep apnea.

The Veteran's appeal is remanded for additional examinations to determine the presence and etiology of a low back condition and left knee condition.,The Veteran's right ankle disability remains rated at 10 percent, with no higher rating granted. His bilateral ingrown toenails are currently rated as noncompensable.

The Veteran's GERD is rated at 30 percent, effective as of the date of this decision.,Service connection for left knee disability and left lower extremity neuropathy secondary to low back disability are granted.,TDIU is denied.

The Veteran's service-connected bilateral hearing loss is not granted an initial compensable rating, but his lumbosacral strain is granted service connection.

The Board has determined that new and relevant evidence has been received to readjudicate the Veteran's claims for service connection for headaches, left knee condition, right knee condition, and lumbar spine degenerative arthritis. The claims are being remanded due to a pre-decisional error in considering all of the evidence.

The Veteran's sleep apnea and lumbar spine disability are granted, with the lumbar spine disability receiving a 40% rating.

The Board has remanded the cases due to insufficient opinions regarding the etiology of the Veteran's back and right knee disabilities. The claims are being returned for further development.

The Board denied the Veteran's appeal, finding that the grant of service connection for lumbar spine degenerative arthritis was clearly and unmistakably erroneous due to a misrepresentation of his active duty service duration.

The Veteran's lumbar and thoracic spine degenerative joint disease, cervical spondylosis and degenerative disease (cervical spine disability), and left and right upper extremity cervical radiculopathy have been granted effective from March 7, 2005.,An initial evaluation in excess of 50 percent for lumbar and thoracic spine degenerative joint disease is granted since May 16, 2012. An initial rating of 30 percent for cervical spondylosis and degenerative disease (cervical spine disability) from May 16, 2012 to December 20, 2022, and an evaluation in excess of 30 percent is denied from December 20, 2022 onwards.,Initial ratings for left upper extremity cervical radiculopathy (left arm) and right upper extremity cervical radiculopathy (right arm) are granted at 50 percent and 40 percent respectively since May 16, 2012.

The Veteran's appeal is remanded for additional examinations and opinions to address the etiology of his diagnosed conditions, including vertigo. The claims are also remanded for further development regarding service connection.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations and medical opinions. The lower back condition, left hip disability, and radiculopathy of left lower extremity are all being reviewed.