Back / lumbar spine decisions — 2023

The Board has remanded the cases for additional development to obtain all relevant VA and non-VA treatment records, including those from outside of VA healthcare systems.

The Board has granted service connection for bilateral hearing loss, tinnitus, and lumbar spine condition. The Veteran's current conditions are found to be related to his active-duty service.

The Veteran's appeal for higher ratings on multiple conditions, including PTSD, lumbosacral strain, radiculopathy of the lower extremities, gastrointestinal disability, bilateral wrist disabilities, and obstructive sleep apnea, was denied. The appeals were remanded for further action.

The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically regarding an inadequate VA examination and medical opinion for rating purposes.

The Veteran's tinnitus is granted as service-connected.,Service connection for the lumbar spine disability, left shoulder disability, cervical spine disability, left knee disability, and right ankle disability is denied.

The Veteran's appeal for bilateral pes planus and erectile dysfunction was dismissed due to the Veteran withdrawing his appeal prior to a decision.,The Veteran's claim of service connection for left eye cataract and pterygium was granted.

The Board has decided that the claim for service connection for a low back disability, to include as due to service-connected bilateral pes planus, is remanded. The decision requires additional medical opinions regarding both direct and secondary service connection theories.

The Veteran's increased ratings for piriformis syndrome of the thoracolumbar spine and radiculopathy of the sciatic nerve, left lower extremity associated with piriformis syndrome are granted for the entire appeal period.

The Board has granted the Veteran's claim for service connection of his lumbosacral strain, as it was found in a previous decision.

The Veteran's claims for service connection of a recurrent sleep disability to include obstructive sleep apnea, an increased rating for lumbosacral strain, and a TDIU are being remanded due to the need for further medical examinations.

The Veteran's service-connected right rotator cuff strain is granted a 30 percent disability rating, effective from June 4, 2020.

The Veteran's prostate disability and kidney disability are denied as there is no evidence of in-service injury or disease.,The Veteran's degenerative disc disease, cervical spine (claimed as neck pain) is denied due to lack of in-service injury or disease.,The Veteran's bilateral nuclear sclerosis cataract and posterior vitreous detachment (claimed as vision problems), left shoulder strain (claimed as shoulder pain), sleep condition including insomnia and sleep disturbance, and erectile dysfunction are all denied without a clear service connection being established.

The Board has determined that the reduction of the Veteran's disability rating from 20% to 10% for chronic lumbar spine strain with degenerative disc disease and spondylosis was not proper, and has reinstated the original 20% rating effective December 21, 2023.

The Veteran's appeals for an increased evaluation for his right ankle fracture and service connection for degenerative disc disease have been dismissed due to the Veteran's withdrawal of these claims.

The Board has remanded the Veteran's claims for service connection for various lower extremity and neck disorders due to a lack of medical opinions addressing whether these conditions are proximately due or aggravated by his service-connected right knee disorder.

The Board has granted service connection for right knee disability and lumbar disability, secondary to the service-connected right knee disability. The Veteran's conditions are related to an in-service assault.

The Veteran's lumbar spine disability, left lower extremity sciatic radiculopathy, and right lower extremity sciatic radiculopathy are each granted initial ratings of at least 20 percent. The Veteran's left foot plantar fasciitis is granted an initial rating of 10 percent.

The Board has remanded the claims for service connection due to a lack of VA examinations and potential errors in duty to assist. The Veteran's conditions include back disability, left leg nerve condition, hypertensive heart disease, and hypertension.

The Veteran's right wrist degenerative arthritis is granted service connection. The issue of TDIU and initial disability ratings for lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy are remanded.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a grant of TDIU. The issues regarding the initial ratings for radiculopathy in both lower extremities remain under remand.