Back / lumbar spine decisions — 2023

The Board has determined that additional development is necessary before the claims for increased ratings and service connection can be adjudicated on the merits. The Veteran's representative requested information about the qualifications of the VA examiners who provided the May 2023 examination reports, June 2023 addendum opinions, and the internal medicine physician's opinion with respect to hypertension.

The Veteran's claim for a higher rating for his acquired psychiatric disorder, to include depression, was granted. The claims for service connection for gastric ulcer with reflux (reflux), left lower extremity radiculopathy, and abnormal liver test disability were denied. The claim for earlier effective dates for the grant of service connection for reflux, rhinitis, and left lower extremity radiculopathy was denied. The claim for service connection for bilateral restless leg syndrome is remanded.

The Veteran's low back disability was rated at 10 percent prior to November 7, 2017, and from December 20, 2018. From November 7, 2017, to December 19, 2018, a rating of 20 percent was granted.,The Veteran's low back disability is rated based on the severity of his forward flexion and range of motion.

The Board has granted service connection for the Veteran's back, neck, right hip, and right knee disabilities. The claims were reopened due to new evidence provided by a private examiner.

The Board has remanded the cases of entitlement to service connection for a right knee disability and a low back disability due to insufficient medical opinions in the August 2019 remand. Additional evidence was also received since the March 2020 SOC, including medical treatises discussing spinal injuries in parachutists.

The Veteran's lumbar spine disability has been rated at 40 percent, and the Board has remanded for further development. The issue of TDIU has also been added to this appeal.

The Board denied the Veteran's appeal because his Notice of Disagreement (NOD) was not timely filed within one year from the date of notification of the October 2017 rating decision.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for lumbar degenerative joint disease with history of lumbosacral strain/sprain prior to November 5, 2019 and TDIU prior to January 30, 2023 due to insufficient evidence. The Veteran will need additional VA examinations to determine the severity of his disability.

The Veteran's appeals for increased ratings and service connection have been dismissed. The Board has remanded several issues related to the Veteran's disabilities, including right hip disability, left hip disability, PTSD, radiculopathy of the upper extremities, rotator cuff tendonitis strain of the shoulder, bilateral feet disabilities, neck disability, back disability, sciatica of the lower extremities, and wrist and ankle disabilities.

The Veteran's lumbar spine disability, characterized by sacroiliitis, degenerative joint and disc disease (DDD), and degenerative disc disease (DDD) with lumbosacral strain, is rated at 10 percent since August 30, 2011. The rating is denied as the evidence does not meet the criteria for a higher rating.

The Board has remanded the Veteran's claims due to inadequate opinions regarding his sleep apnea and secondary service connection for allergic rhinitis, GERD, degenerative disc disease of the lumbar spine, and migraines. The Veteran will need more contemporaneous examinations.

The Veteran's claims for service connection for fatigue with insomnia, GERD, and IBS have been reopened due to the submission of new and material evidence.,Service connection has been granted for GERD as secondary to nonsteroidal anti-inflammatory drugs (NSAIDs) taken for service-connected disabilities.

The Veteran's claim for service connection for Chronic Fatigue Syndrome (CFS) was denied as there is no evidence of a current diagnosis or in-service incurrence.,Service connection for the lumbar spine disability and PTSD with alcohol use disorder and major depressive disorder were granted, but both claims are now denied due to failure to meet the criteria for increased ratings.

The Board has remanded several issues related to the Veteran's service-connected degenerative arthritis of the lumbar spine, bilateral lower extremity radiculopathy, and associated neurological manifestations due to inadequate discussion in the January 2021 decision. The remand also includes adjudication of TDIU, DEA, and SMC issues.

The Veteran's claim for an earlier effective date of August 20, 1985 for service connection for a lumbar spine disability is granted. The Board also grants the Veteran TDIU from May 30, 2007 to January 1, 2018.

The Board has granted service connection for obstructive sleep apnea as secondary to PTSD and awarded service connection for neck and low back conditions on a direct basis.,Obstructive sleep apnea is now considered service-connected, with the primary cause being linked to PTSD. Neck and low back disabilities are also recognized as having originated during active duty.

The Veteran's lumbosacral strain, tension headaches, right knee strain, and cervical strain are all granted as service-connected.,Service connection is also established for rhinitis and left wrist sprain. Groin rash was denied.

The Board denied service connection for a low back disability and bilateral hearing loss, finding that the current disabilities were not incurred or aggravated by military service.

The Veteran's back disability, right and left sciatic nerve radiculopathy were granted a rating of 40 percent for the entire period on appeal prior to October 17, 2019.

The Veteran's claim of entitlement to service connection for tinnitus has been reopened and granted. The claims for left knee, right knee, low back, scar from hernia surgery, and heart conditions are still pending and will be remanded for further development.,New evidence received since the last final denial supports reopening the claims for tinnitus, but additional information is needed to determine if any of these conditions were incurred or aggravated during periods of ACDUTRA or INACDUTRA service.