Back / lumbar spine decisions — 2023

The Veteran's claim for a rating in excess of 40 percent for her back disability is denied. Her claims for separate ratings for RLE and LLE radiculopathy are granted from March 2, 2007 to January 7, 2015, but not thereafter. The Veteran's claim for TDIU based solely on her service-connected back disability is granted.

The Board has determined that the VA examinations and medical opinions provided were inadequate for adjudication purposes, necessitating further development of the claims.

The Veteran's appeals for hearing loss and skin condition (claimed as jungle rot) were dismissed due to his withdrawal of these claims.,Service connection was granted for cervical-spine disorder with associated left-upper-extremity radiculopathy, lumbar-spine disorder with associated right and left-lower-extremity radiculopathy, and right-knee disorder, all secondary to service-connected bilateral pes planus and hallux valgus.

The Veteran's service-connected disabilities render him unable to secure or maintain substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability.

The Board has determined that new and relevant evidence has been received to readjudicate the claims of service connection for various lower back, knee, ankle, and radiculopathy disabilities. The claims are being remanded due to pre-decisional duty-to-assist errors regarding the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA).

The Veteran's appeal for service connection for rhabdomyolysis (also claimed as blood in urine, debilitating back condition, and tightened and fatigue joints) has been dismissed due to the withdrawal of his appeal by the Veteran's representative.

The Board has granted service connection for a lumbar spine disability, finding that the Veteran's back condition likely began in service and is related to his military service.

The Board has determined that the Veteran's lumbar spine disability, including lumbosacral radiculitis and spinal stenosis of the lumbar region, is not service-connected as it did not have its onset in service or due to a service-connected condition. The claim for secondary service connection was also denied.

The Board denied the Veteran's claims for service connection for transverse myelitis, to include residuals from a back injury, spinal stress fracture, and bulging discs (back disability), as well as her claim for service connection for a psychiatric disability, to include anxiety and depression as secondary to a back disability. The evidence did not support a finding that the Veteran's conditions were related to service.

Service connection is granted for right ear sensorineural hearing loss, left ear sensorineural hearing loss, and tinnitus.,Service connection is denied for unspecified depressive disorder, right ankle degenerative arthritis, left ankle degenerative arthritis, right knee osteoarthritis status post total replacement, left knee osteoarthritis status post meniscal tear repair, right hip degenerative arthritis, left hip degenerative arthritis and femoral acetabular impingement syndrome, right wrist degenerative arthritis, left wrist degenerative arthritis, right shoulder acromioclavicular osteoarthritis and rotator cuff tear status post total replacement, left shoulder acromioclavicular osteoarthritis, right lateral epicondylitis, left lateral epicondylitis, neck pain, lumbar spine DJD, spinal stenosis, degenerative disc disease (DDD), lumbosacral strain, and radiculopathy.,Service connection is denied for coronary artery disease, atrial fibrillation, and hypertensive heart disease.

The Veteran's claim for service connection for a lower back condition was previously denied, but new and material evidence has been received. The Board has decided to remand the issue of service connection due to insufficient information in the previous examination.

The Veteran's appeal is remanded for further development regarding his claims of service connection for neck, back, and tinnitus disabilities, as well as increased ratings for his service-connected migraine headaches and bilateral knee disabilities.

The Veteran's claims for service connection for a headache condition and an increased rating for his low back condition are being remanded due to the need for additional medical examinations.

The Board has denied the Veteran's claims for service connection for a respiratory disability, including obstructive sleep apnea, and a low back disability. The evidence does not support finding that these conditions were incurred in or related to active service.

The Veteran's lumbar spine disability is rated at 40 percent, effective October 15, 2007. The increased ratings for left and right lower extremity radiculopathy are denied.

The Board has found that the recent April 2023 addendum medical opinion was inadequate and requires another remand for a new examination.

The Veteran's claim for higher ratings for PTSD and back disability, as well as the grant of service connection for left lower extremity radiculopathy with a separate rating, was denied. The effective date for the service connection is set at October 20, 2017.

The Veteran's service-connected back disability and left sciatic nerve radiculopathy prevented him from securing or maintaining substantially gainful employment prior to March 2, 2017.

The reduction in the rating for right lower extremity radiculopathy from 40 percent to 10 percent, effective May 11, 2018, was improper and the 40 percent disability rating is restored.,Entitlement to service connection for a heart disability is remanded.

The Board has denied the Veteran's claim for service connection for tinnitus due to lack of evidence linking it to his service. The case is remanded for further development regarding the Veteran's low back strain, including whether it is related to service or secondary to his service-connected ankle disabilities.