Back / lumbar spine decisions — 2023

The Board has denied the Veteran's claim for service connection for GERD and has remanded his secondary service connection claim for lumbosacral strain and degenerative arthritis of the spine to include as secondary to left ankle osteoarthritis, residuals of shell fragment wound with fracture and strain left lateral malleolus.

The Veteran's essential hypertension, obstructive sleep apnea, and erectile dysfunction are all found to be secondary to his service-connected lumbar spine condition.,A rating of 20 percent is granted for left lower extremity sciatic radiculopathy and right lower extremity sciatic radiculopathy.

The Board has decided to remand the claims of service connection for left knee strain and low back disability due to a lack of adequate medical opinions regarding their etiology.

The Veteran's claim for a 60 percent rating for psoriasis is granted. The appeal to readjudicate service connection for residuals of a right finger fracture, headaches, insomnia, left knee condition, right knee condition, and back condition is granted.

The Board has granted the Veteran's appeal regarding the timeliness of his September 2018 Notice of Disagreement (NOD) in response to a December 16, 2016 rating decision. The NOD was submitted within one year after receiving notification from VA about the denial of service connection claims for various disabilities.

The Veteran's service-connected disabilities have rendered her unable to secure or follow any form of substantially gainful employment, and the Board has granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Board is remanding the case to address the Veteran's claims for an earlier effective date for his service-connected back disability and whether a June 1971 rating decision contained clear and unmistakable error (CUE).

The Board denied the Veteran's claims for service connection for lumbosacral strain, increased evaluations for left femur fracture and left knee instability, and left knee limitation of flexion. The evidence did not support a current diagnosis or link to military service.

Service connection for lumpectomy (breast biopsy) and lower back condition is denied as the evidence does not support a link to service.,Service connection for bronchitis is remanded due to conflicting opinions regarding its onset in service.

The Veteran's lumbar spine disability is rated at 40 percent effective July 27, 2017. The radiculopathies of the right and left femoral nerves are each rated at 20 percent from July 27, 2017 to June 23, 2018, and at 40 percent thereafter.

The Veteran's rating for degenerative disc disease was reduced from 20% to a noncompensable rating due to his failure to report for a VA examination. The reduction is now restored, and the Veteran retains a 20% rating effective January 1, 2020.

The appeal of the issue of entitlement to service connection for bilateral hearing loss is dismissed.,New and relevant evidence has been received, allowing readjudication of the claims for service connection for a headache disorder, a psychiatric disorder, and ulcerative colitis.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for his lumbar spine disability and for TDIU due to inconsistencies in employment history, education level, and income reported. The Veteran is also requested to provide updated VA Form 21-8940 and complete any necessary forms regarding his employment status.

The Board has granted service connection for the Veteran's back disability, sacroiliac weakness and lumbosacral intervertebral disc degeneration, as well as arthritis of both hands. The conditions are deemed to have started during active duty.

The Veteran's tinnitus was granted service connection as it is presumed to have been incurred in service due to noise exposure. The right wrist, right ankle, lumbar spine, and bilateral hearing loss issues are remanded for further examination.

The Board has denied service connection for a low back disability and bilateral lower extremity radiculopathy as secondary to the low back disability due to lack of evidence showing chronic in-service injury or disease, no continuity of symptomatology, and insufficient medical nexus opinions.

The Veteran's PTSD, low back degenerative disc disease, left knee degenerative joint disease (limitation of flexion), and right knee degenerative joint disease (limitation of extension) have been granted increased ratings. The effective date for these increases is April 16, 2018.

The Board has determined that additional development is needed to determine the Veteran's need for regular aid and attendance, his housebound status due to service-connected disabilities, and if his condition has worsened since the last examination. The decision will be based on the updated evidence.

The Board denied a higher rating for the Veteran's lumbar spine disability, finding that it did not meet or approximate the criteria for ratings higher than 20 percent prior to October 28, 2019 and higher than 40 percent thereafter.