Back / lumbar spine decisions — 2023

The Veteran's low back and tailbone disability, as well as his right lower extremity radiculopathy secondary to the low back disability, are granted. The Veteran is also awarded a separate 10 percent rating for right knee instability.

The Board has granted service connection for the Veteran's low back disability, finding that it is at least as likely as not related to his service-connected left knee osteoarthritis, right knee meniscal tear with osteoarthritis, and residuals of right ankle fracture.

The Board has dismissed all claims due to the Veteran's death before a decision could be made.

The Board has granted service connection for degenerative arthritis status post lumbar laminectomy and intervertebral disc syndrome (lumbar spine disability), cervical spine degenerative arthritis with spinal stenosis, and bilateral knee chondrocalcinosis and degenerative arthritis. The decision is based on the Veteran's in-service injury from a land mine explosion and continuous symptoms since service separation.

The Board has granted service connection for a low back condition, right knee condition, and left knee condition, finding that the Veteran's current conditions are related to his active military service.

The Veteran's appeal for a rating in excess of 20 percent for cervical degenerative disc disease and for a compensable rating for traumatic brain injury has been dismissed due to the Veteran's wife requesting withdrawal of the appeal.

The Board has remanded the case due to a withdrawal of the appeal for readjudication of the previously denied claim of service connection for cocaine and cannabis abuse and major depressive disorder with generalized anxiety disorder. The lumbar spine disability issue is now before the Board on its merits.

The Board has remanded the issues of increased rating for lumbar spine disability and readjudication of service connection for colitis due to new evidence received during a hearing.

The Board has restored the Veteran's 100% disability rating for PTSD. The right shoulder and back conditions are remanded due to procedural errors in the reduction of ratings.

The Board has decided to remand the case due to a duty-to-assist error, specifically regarding the lack of a proper VA examination and review of the claims file.

The Board has restored the Veteran's ratings for left knee strain and thoracolumbar spine strain to 10 percent effective November 15, 2019. The evidence did not support a reduction in rating.

The Veteran's appeals for increased ratings for lumbosacral strain and loss of teeth have been dismissed due to the appellant withdrawing his appeal.

The Board has dismissed all appeals regarding service connection for various foot, ankle, and knee conditions as the Veteran withdrew his claims.

The reduction in the Veteran's disability evaluation for right knee meniscal tear was improper, and a restoration of a 20 percent rating is granted effective December 10, 2019. The issues related to MDD, lumbar strain, left lower extremity radiculopathy, left knee meniscal tear, right knee meniscal tear, and bilateral metatarsalgia are remanded for further review.

The Board has remanded the claims for additional examinations and opinions to address the Veteran's service-connected disabilities, specifically regarding his low back strain with degenerative joint disease, cervical spine condition, left clavicle fracture, and other symptoms. The issues are related to determining appropriate disability ratings based on the severity of these conditions.

The Board has remanded the claims for a disability rating in excess of 10 percent, from December 26, 2007, to July 17, 2013, for lumbosacral strain with degenerative disc disease; for a rating in excess of 40 percent, from July 18, 2013, for lumbosacral strain with degenerative disc disease; for a rating in excess of 10 percent, from July 18, 2013, to January 6, 2021, for radiculopathy of the right lower extremity; and for a rating in excess of 20 percent, as of January 7, 2021, for radiculopathy of the right lower extremity.

The Board has remanded the Veteran's claims for service connection for multiple disabilities, including neck, back, shoulder, and ankle conditions. The issues are related to whether these conditions began during or were otherwise caused by her military service.

The Board has granted service connection for neck and back disabilities, finding that the Veteran's current conditions are related to her active service.,Secondary service connection for right and left knee disabilities is also granted, with the private medical opinion supporting this determination.

The Veteran's service-connected lumbosacral strain with degenerative arthritis is remanded for further development, including a VA examination to assess the severity of his disability. The issue of entitlement to TDIU is also remanded due to its inextricability from the rating claim.

The Board denied service connection for lumbar and cervical spine disabilities, as well as left upper extremity radiculopathy, right upper extremity radiculopathy, right-hand disability, left-hand disability, left lower extremity sciatic pain, and right lower extremity sciatic pain due to lack of a medical nexus between the conditions and service or service-connected disabilities.