Back / lumbar spine decisions — 2023

The Veteran's right and left lower extremity radiculopathy have been granted a 40 percent rating, effective August 31, 2022.,The Veteran's thoracolumbar spine strain with spondylosis, compression fracture at T12, and IVDS continues to be rated at 20 percent.

The Board has determined that the VA medical opinions did not adequately address the Veteran's assertions regarding his military service causing his current neck and back disorders. Therefore, the claims are being remanded for further development.

The Board has remanded the appeals of increased ratings for right knee, lumbar spine, and right femoral neck disabilities due to outstanding medical records.

The Board has determined that the Veteran's claims for service connection for low back, left hip, and left wrist disabilities must be remanded due to incomplete development of records from his in-service treatment. The VA will need to locate relevant hospital records from Oak Knoll Naval Regional Medical Center and research deck logs for the U.S.S. Niagara Falls.

The Board has remanded the Veteran's claims of service connection for a back disability, right hip condition, and increased rating for right knee disability due to incomplete medical opinions and conflicting evidence about the Veteran's right knee disability.

The Veteran's claim for service connection for headaches was denied as the evidence did not support a link between his current condition and service or a service-connected disability.,The claims for increased ratings of low back and left shoulder disabilities were denied due to the Veteran's failure to attend scheduled VA examinations without good cause. ,The request for an earlier effective date for the award of an increased rating for the left shoulder disability was also denied as there is no evidence of a factually ascertainable increase in symptoms within one year prior to the Veteran's intent to file.

The Board has remanded the claims for service connection due to insufficient evidence and need for additional medical opinions regarding the onset of various conditions during or as a result of military service.

The Board has remanded the cases of low back disorder and obstructive sleep apnea for further development due to insufficient evidence in some areas.

The Board has remanded the Veteran's claims of service connection for a back disability, an eye disability, and headaches with dizziness due to insufficient opinions regarding continuity of symptoms since service.

The Board has remanded the claims for additional development due to inconsistencies in the Veteran's reported range of motion and previous examination findings.

The Veteran's claims for service connection for a bilateral foot disorder, lower back disorder, and OSA have been granted. The Board found that the evidence established a link between these conditions and service.

The Veteran's claim for a higher rating for lumbar degenerative disc disease was denied, and his TDIU claim was also denied.

The Veteran's request for higher ratings for her left great toe, left ankle, right and left lower extremity lumbar radiculopathy disabilities prior to April 20, 2022 is denied. The Board has requested additional VA medical opinions regarding the severity of these conditions.

The Veteran's claims for lumbar spine disability, obstructive sleep apnea, right hand disability, left hand disability, and hypertension were denied. The claim for lumbar spine disability was reopened but not granted. Service connection was granted for obstructive sleep apnea as aggravated by service-connected persistent depressive disorder with anxious distress.

The Board denied service connection for a lumbar spine disability, finding that the Veteran did not have a chronic condition during or within one year after service and there was no evidence of continuity of symptomatology. The claim for hypertension was also denied as it preexisted service.,Service connection could not be established based on direct service incurrence because the Veteran did not show a chronic disability in service, nor did he demonstrate continuous symptoms since service.

The Board denied service connection for back condition and irritable bowel syndrome (IBS) as there is no current evidence of these conditions during the appeal period.

The Board has determined that the Veteran's arthritis, back condition, RLS, right leg condition, and left leg condition are not service-connected as they did not manifest during active duty or within a presumptive period.,Service connection for myocardial infarction (heart condition) and artery conditions is also denied.

The Board has remanded the Veteran's claims of increased ratings for PTSD, lumbar spine disability, left shoulder bicipital tendonitis, right hip disability, and left hip disability. The issues are still pending as a statement of the case addressing these matters has not been issued.

The Board has found that additional development is needed to determine if any of the Veteran's VA records were erroneously associated with another Veteran's claims file. The Board also finds that a new VA opinion is required to address the likely onset and etiology of the Veteran's diagnosed insomnia, as well as whether it is at least as likely as not related to his service-connected disabilities.

The Board has granted the Veteran's claim for service connection for a low back disorder, diagnosed as osteoarthritis with degenerative disc disease. The most probative evidence of record shows that the Veteran's low back disability had its onset in service and has continued since.