Back / lumbar spine decisions — 2023

The Veteran's reduction from a 40 percent to a 20 percent rating for spondylolisthesis of the lumbar spine was improper and has been restored.,An effective date of July 13, 2015, is granted for service connection of left lower extremity radiculopathy. Effective dates prior to August 11, 2015, are denied for bilateral patellofemoral pain syndrome and tinnitus.,The Veteran's initial rating for left lower extremity radiculopathy remains at 20 percent.,Initial ratings greater than 20 percent for left lower extremity radiculopathy, right knee patellofemoral pain syndrome, and tinnitus are denied.

The Veteran's sleep apnea is denied as it was not incurred in or related to her active service.,The Veteran's back condition is denied as it is not caused by or aggravated by her left shoulder condition, and the Board finds that all reasonable doubt should be resolved in favor of the Veteran.,Service connection for hypertension is granted as it is aggravated by her service-connected left shoulder condition.

The Veteran's bilateral hearing loss and tinnitus are granted service connection as secondary to his existing hearing loss. The back disability, bilateral leg disability, cataracts, and aching hair on the head are denied due to lack of evidence linking these conditions to service.

The Board has remanded the claims for increased ratings for various service-connected conditions due to inadequate evaluations.

The Board has determined that additional development is needed to address the Veteran's claims for service connection of various disabilities, including thoracolumbar spine, left knee, right knee, right shoulder, and right ankle conditions. The case will be remanded for further examination and opinion.

The Board has reopened the Veteran's claims for service connection for back disorder, OSA, and neck disorder due to new and material evidence. However, these claims are still pending as they have been remanded for additional development.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine was granted, with a 40 percent disability rating effective May 8, 2023. The current rating is based on the findings from the VA examination in May 2023.

The Board has remanded the Veteran's claims of entitlement to a rating in excess of 20 percent for lumbar osteoarthritis, service connection for hypertension, service connection for a psychiatric disability, and service connection for headaches due to duty-to-assist errors.

The Veteran's claim for service connection for Degenerative Disc Disease (DDD) of the lumbar spine is granted. The claims for service connection for Left ear hearing loss and Right ear hearing loss are remanded.

The Veteran's claims for service connection of various musculoskeletal conditions, including PTSD, lower back condition, right and left knee conditions, left leg pain, and left ankle condition are remanded due to the need for further examination and evaluation. The effective date claim for PTSD is also remanded as it may be addressed in conjunction with other issues.

Your claim for service connection for a low back disability has been granted, and you are now receiving a 50% rating effective April 21, 2022. The appeal is dismissed as the issue has been fully resolved.

The Board has granted service connection for the Veteran's low back disability, finding that it is related to his active service and resolving all doubts in favor of the Veteran.

The Board has determined that the Veteran's sleep apnea is at least as likely as not proximately due to or aggravated by his service-connected insomnia, cervical strain with degenerative disc disease, and thoracolumbar strain disabilities. Therefore, the claim for secondary service connection for sleep apnea is granted.

The Veteran withdrew his appeals for all issues related to lumbar spine degenerative arthritis and strain, as well as femoral nerve radiculopathy, sciatic nerve radiculopathy, obturator nerve radiculopathy, external cutaneous nerve of the thigh radiculopathy, and ilio-inguinal nerve radiculopathy.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for his low back disability and for a total disability rating based on individual unemployability due to inadequate examinations that did not account for flare-ups. The case is being returned to the RO for further action.

The Board has remanded multiple issues related to service connection and rating for various conditions, including allergic rhinitis, sinusitis, migraine headaches, left shoulder disability, back disability, obstructive sleep apnea, and traumatic brain injury. The appeal is also remanded for VA examinations.

The Board denied a higher initial rating for the service-connected cervical spine disability from January 24, 2008 as it did not manifest in unfavorable ankylosis.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical examinations and opinions. The Veteran is presumed to have a mid/low back disability, including scoliosis, which may be related to his military service. His PTSD, asthma, and OSA conditions also require further evaluation.

The Board has remanded several claims for increased ratings due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and other conditions were denied in a final November 2005 rating decision. The claims were reopened based on new and material evidence submitted after March 31, 2015, but the effective date remains unchanged as it is not earlier than March 31, 2015.