Back / lumbar spine decisions — 2023

The Veteran's sciatic nerve radiculopathy and lumbar disability have been granted increased ratings of 40 percent from March 1, 2016 to October 29, 2018. The cervical disability has also been granted an increased rating.

The Board has remanded the Veteran's claims for TBI, sleep apnea, erectile dysfunction, GERD, left ankle disability, and lumbar spine disability. The Veteran must file a Statement of the Case (SOC) on these issues before he can appeal them further.

The Board has granted service connection for OSA as secondary to the Veteran's service-connected left knee disability, and also granted service connection for a chronic thoracolumbar strain (back disability). The decision is based on evidence showing that her OSA may be related to obesity caused by her service-connected left knee disability. Service connection was denied previously due to lack of evidence linking OSA to service or toxic exposure.

The Veteran's appeal for a rating in excess of 70 percent from November 20, 2019 for PTSD is dismissed.,The Veteran's appeal for a compensable evaluation for allergic rhinitis is dismissed.,The Veteran's claim to reopen service connection for sinusitis based on receipt of new and material evidence is dismissed.,Service connection for hypertension prior to August 10, 2022 is granted due to the PACT Act.,Service connection for back disability is denied as there was no new and material evidence received.,Service connection for residuals of a stroke is remanded as there was no new and material evidence received.,Service connection for kidney disease is reopened but not granted, as there was no new and material evidence received.,Service connection for hypertension from August 10, 2022 pursuant to the PACT Act is granted.,Service connection for osteoporosis on a secondary basis is denied.,Service connection for OSA on a secondary basis is denied.,Service connection for bruxism on a secondary basis is denied.

The Veteran's claims for higher ratings and service connection are remanded due to the need for additional examinations and opinions.

The Board has remanded the claims for further development due to newly associated evidence.

The Board has dismissed the neck and back condition claims, and has remanded the left upper extremity radiculopathy claim. The right upper extremity radiculopathy claim is also remanded.

The Board has remanded the case for further development due to unclear opinions regarding the Veteran's shoulder and Achilles tendonitis disabilities. Additional medical opinions are needed to assess the severity of these conditions.

The Board has remanded the cases for further development due to new evidence and for a VA examination.

The Board has remanded the case for further consideration of all issues on appeal, including those related to earlier effective dates and service connection. The RO should consider all evidence associated with the claims file since the October 31, 2019 SOCs and May 27, 2020 SSOC.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on the need for regular aid and attendance or housebound status, as his disability picture does not render him bedridden or in need of constant care.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for her back disability, as well as her service connection claims for bilateral upper and lower extremity radiculopathy. The Veteran is to be provided with new VA examinations to address these issues.

The Board has remanded the Veteran's claims for an increased evaluation of his service-connected low back condition and associated radiculopathy due to inadequate examination reports, lack of updated treatment records, and conflicting findings between VA examinations.

The Board has remanded several issues for further development and examination. The Veteran's claims of increased rating for tinnitus, service connection for bilateral hearing loss, left heel and foot disability, left knee disability, lumbar spine disability, right ankle disability, neurological disability of the left leg, and neurological disability of the right leg are now pending.

The Veteran's claim for a higher rating for his psychiatric disorder (adjustment disorder with mixed anxiety and depressed mood) is granted. The appeal for a higher rating for his lower back disability is dismissed due to the Veteran withdrawing his appeal prior to the Board decision.

The Board has determined that further examination and development are necessary to properly adjudicate the Veteran's claims for service connection. The issues of entitlement to service connection have been remanded.

The Board has remanded the cases for additional development and examination, as new evidence was received that reopened the Veteran's service connection claim for a low back condition. The other issues remain on appeal.

The Board has granted service connection for bilateral eye color blindness, but the cases of degenerative disc disease and post-traumatic right ankle osteoarthritis are remanded due to inadequate examinations.

The Veteran's claims for increased ratings are being remanded due to the need for additional development, including scheduling a DRO hearing.

The Board has denied the Veteran's claims for service connection for a back disability, headaches, and osteoarthritis due to lack of evidence linking these conditions to his military service.