Back / lumbar spine decisions — 2023

The Veteran's lumbar degenerative disc disease is rated at 20 percent from February 5, 2014, to December 17, 2017. The rating for the same condition is increased to 40 percent from December 18, 2017, to September 5, 2019. The Veteran's claim for SMC based on need for aid and attendance of another person was denied.

The Board has remanded the Veteran's claims for service connection due to insufficient medical evidence and a need for VA examinations.

The Veteran meets the criteria for a certificate of eligibility in purchasing an automobile and adaptive equipment due to permanent loss of use of his lower extremities from service-connected disabilities.

The Board denied the Veteran's claims for earlier effective dates for service connection of various disabilities, including right and left ankle degenerative joint disease, elbow degenerative joint disease, shoulder degenerative joint disease, lower extremity radiculopathy, lumbar spine degenerative joint disease, cervical spine degenerative changes, upper extremity radiculopathy, and bilateral calcaneal spurs. The effective dates for these disabilities were set at February 6, 2017.

The Board has granted service connection for residuals of a right tibial stress fracture and lumbar disc disease with low back pain, finding that the Veteran's current conditions are related to his military service. The claim for a right knee/leg disorder was denied due to lack of new and relevant evidence, while the claim for a low back disorder was also denied but readjudicated as granted.

The Veteran's PTSD with stimulant use disorder, cocaine, in sustained remission is rated at 50 percent and the Board finds that a higher rating is not warranted.,There is no current right ankle disability for which service connection can be granted.

The Veteran's claim for service connection for sleep apnea is granted. The Board finds that the evidence supports the claim and entitlement to service connection for sleep apnea is warranted.

The Veteran is granted an effective date of September 30, 2008 for the grant of a total disability rating based on individual unemployability (TDIU).,The Veteran is also granted an effective date of September 30, 2008 for Dependents' Educational Assistance (DEA) benefits.

The Veteran's claim for an increased disability rating of 40 percent for multilevel osteoarthritis and lumbosacral spine DDD was granted, effective July 7, 2023.

The Board has remanded the Veteran's claims of service connection for lumbar and cervical spine disabilities due to inadequate reasoning in a previous VA opinion. The case is now pending with instructions to provide a new examination or addendum opinion that addresses the January 2016 VA primary care provider's statement about aggravation, as well as lay statements from the Veteran's family members.

The Board has denied the Veteran's claim for total disability rating based on individual unemployability (TDIU) as there is insufficient evidence to substantiate a reasonable possibility that he is unemployable due to his service-connected disabilities. The Veteran's problems with employment were attributed to behavioral incidents, such as being late or disagreements with management, rather than due to any service-connected condition.

The Board has remanded the Veteran's claims for service connection for low back and right leg disabilities due to insufficient evidence regarding his claimed in-service injuries. The AOJ is instructed to verify the Veteran's service in October 1999, including dates of training.

The Veteran is granted a 40 percent rating for spondylosis of the thoracolumbar spine prior to May 10, 2023.,A higher rating for spondylosis of the thoracolumbar spine from May 10, 2023, and left lower extremity radiculopathy is denied.,The Veteran's LLE radiculopathy is granted a 20 percent rating from May 1, 2017 to August 16, 2022.,A higher rating for LLE radiculopathy from August 17, 2022, is denied.

The Veteran's appeals for service connection and increased evaluations have been withdrawn by her authorized representative.

The Board has determined that additional development is necessary for the Veteran's lumbar spine and hiatal hernia with GERD disability claims, as the current VA examinations are inadequate in assessing the severity of his conditions during flare-ups.

The Board has remanded the case for further development, including obtaining medical opinions and non-VA treatment records. The Veteran's cause of death is being evaluated to determine if his service-connected conditions contributed to or caused his death.

The Board has granted service connection for back disability, allergies, sinusitis, headaches, sleep apnea, and COPD. The Veteran's left lower extremity radiculopathy is also found to be related to his now service-connected degenerative arthritis of the lumbar spine.

The Board denied service connection for a degenerative arthritis and disc disease of the lumbar spine, finding that there was no evidence of in-service injury or chronic symptoms since service separation. The claim for entitlement to TDIU was also denied.

The Board has determined that the Veteran's low back disability is related to service and grants service connection for this condition.

The Board has remanded the claim for a lumbar spine disability due to inadequate examination and opinion regarding the etiology of the condition, including an arachnoid cyst. The Veteran's service connection claim is being returned for further development.