Back / lumbar spine decisions — 2023

The Veteran's claims for service connection have been reopened, and the Board has remanded them for further development due to outstanding VA and private treatment records.

The Board denied the Veteran's claim for an earlier effective date for TDIU due to service-connected disabilities, finding that he was not unable to secure or follow a substantially gainful occupation prior to March 23, 2004.

The Board has remanded the case due to an inadequate VA opinion regarding the service connection for a low back disability. The examiner must consider the lay statements of the Appellant and provide a fully reasoned explanation.

The Board denied service connection for the Veteran's back disability, right knee disability, and left knee disability. The case was remanded to obtain additional medical records.,Service connection for vertigo was not addressed in this decision.

The Veteran's appeal for a higher rating of his left knee prosthetic replacement and service connection for a back disability is remanded due to the need for additional development, including obtaining medical opinions regarding the etiology of the back condition.

The Veteran's claims for right ankle, knee, hip, and low back disabilities have been denied as there is no current evidence of these conditions during the period under consideration.,VA has not found any clinically significant right ankle, knee, hip, or low back disability in the Veteran's records.

The Board has granted service connection for PTSD and major depressive disorder due to military sexual trauma, and for a lower back injury incurred during boot camp. The claims are based on direct evidence of the conditions' occurrence in service.

The Board has remanded the Veteran's claims for service connection for his back, right knee, and left knee conditions due to insufficient evidence in the VA examinations. The Veteran contends that these conditions are related to his military service as a paratrooper.

The Board has decided to remand the case due to a duty-to-assist error regarding the Veteran's service in the Army National Guard from 1994 to 1998. The AOJ will have an opportunity to consider additional evidence and make reasonable efforts to obtain any missing service treatment records.

The Veteran's service-connected disabilities, including diabetic neuropathy, diabetes mellitus type II, degenerative arthritis of the lumbar spine, hearing loss, tinnitus, and sciatic nerve radiculopathy, preclude him from obtaining or maintaining a substantially gainful occupation. The Board granted his TDIU claim.

The Veteran's lumbar spine disability is currently rated at 40 percent, but the Board finds additional evidence supports a higher rating.,Both knees are currently rated at 30 percent. The Veteran's right knee has been found to have limitation of flexion to 15 degrees or less on flare-ups, warranting a higher 30 percent rating.,The Veteran's right shoulder disability is currently rated at 20 percent and the Board finds additional evidence supports a higher 40 percent rating for this condition.

The Veteran's service-connected disabilities, including his TBI and tinnitus, rendered him unable to secure or maintain substantially gainful employment due to cognitive impairments and hearing loss.

The Veteran's claim for a 10 percent evaluation for supraventricular tachycardia, including sinus tachycardia and atrial fibrillation is granted. The claims for service connection for bilateral foot disorder (Athletes' Foot) and thoracolumbar spine disorder are remanded due to the need for additional medical examination and opinion.

The Veteran was granted separate 20 percent ratings for right and left lower extremity radiculopathy effective September 24, 2013 and April 3, 2014 respectively.,These decisions are based on the evidence showing that the Veteran's symptoms of radiculopathy in both legs became manifest before the dates specified.

The Board has granted service connection for degenerative arthritis of the cervical spine and degenerative arthritis of the lumbar spine, finding that these disabilities are related to the Veteran's active military service.,Service connection was also granted for sleep apnea, which is considered a separate issue from the neck and low back disabilities.

The Veteran's low back strain and degenerative disc disease of the lumbar spine are granted a 40% rating. Service connection for somatic symptom disorder is granted as secondary to service-connected disabilities, including his low back condition.

The Veteran's service-connected knee, back, and scar disabilities have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on these conditions.

The Board has granted service connection for the Veteran's low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy disabilities as secondary to his service-connected left ankle disability.

The Board has dismissed the appeals for service connection for ear disability/vertigo and headaches as these claims have been granted.,Service connection is granted for lumbar spine degenerative disc disease and strain, but the Veteran's sinusitis was denied.

The Veteran withdrew his appeals for service connection for low back strain, bilateral hearing loss, and tinnitus.