Back / lumbar spine decisions — 2023

The Veteran's claim for a rating in excess of 10 percent for lumbosacral strain, spinal stenosis and degenerative disc disease with scar is remanded due to the need for additional examination to assess the extent of functional loss during flare-ups.

The Board has granted service connection for a back disorder and left leg numbness, finding that new evidence supports the claim.

The Veteran's pes planus is not service-connected, as the VA examiners concluded that it was less likely caused by his military service or secondary to his left knee condition.,The Board found in favor of the Veteran on his claim for a back disability, concluding that it is at least equally likely that his back issues are related to his service-connected left hip and left knee conditions.,For his right shoulder disability, the Board determined that there was at least equipoise evidence supporting the Veteran's contention that his fall down stairs caused his injury. The VA examiner concluded that the condition was not secondary to his left knee condition.

The Board has remanded the cases for further examination and opinion regarding the Veteran's service-connected lumbar strain and left lower extremity radiculopathy. The hearing loss claim is denied as there is no current diagnosis of hearing loss in either ear.

The Board has remanded the Veteran's claims for service connection for lumbar spine, cervical spine, and sleep apnea disabilities due to incomplete STRs and outstanding treatment records. The Veteran will be provided an opportunity to submit additional evidence or argument at the RO level.

The Board has granted service connection for cervical spine degenerative disc disease and remanded the claims for diabetes mellitus, type II, a left shoulder disability, and a higher rating for lumbar strain.

The Veteran's PTSD is rated at 70% from May 12, 2023. The Board has granted a higher rating for PTSD and remanded the issues of service connection for left knee disability, right knee disability, pelvic injury, and low back disability.

The Board has remanded the cases for further development and consideration, including an addendum opinion from a VA examiner regarding the Veteran's lumbar spine disability and pain medications, as well as an addendum opinion from VA's Director of Compensation and Pension Service addressing the Veteran's work history and education.

The Veteran was granted a TDIU on an extraschedular basis for the period prior to December 9, 2013 due to his service-connected disabilities preventing him from securing or following substantially gainful employment.

The Board has remanded the Veteran's claims for service connection for a low back disability and joint pain due to unresolved etiological questions. Further development is needed to determine if the Veteran's conditions are related to his active service, including physical demands as a Marine.

The Veteran's claim for service connection for mental disorder was dismissed because a full grant of benefits had been granted in September 2020. The Board also remanded the issue of service connection for back and low back conditions due to an inadequate VA examination.

The Veteran's claims for service connection for right and left shin splints, as well as his initial evaluations for obstructive sleep apnea and lumbosacral strain with degenerative arthritis of the spine have all been denied.

The Board has decided to remand several of the Veteran's claims due to new evidence being added to his file. He is asked to submit any additional medical records and will have another chance for a full review by the AOJ.

The Board has remanded the case due to insufficient examinations for rating purposes and a need for retrospective opinions on the severity of the Veteran's lumbar disability.

The Board has determined that the Veteran's claims for higher ratings for his lumbar spine strain and radiculopathy disabilities are remanded due to the need for new VA examinations and the need to obtain outstanding private treatment records.

The Veteran's lumbar spine disability is rated at 40 percent, effective January 15, 2013.,Radiculopathy of the right and left lower extremities was granted a 40 percent rating since January 15, 2013.

The Board has found that additional evidence has been submitted and a supplemental statement of the case (SSOC) must be issued to consider this new evidence. The claims for increased ratings for lumbar spine disability and left ankle disability are being remanded.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a higher rating or service connection.,Specifically, the Veteran's lumbar spine condition was rated at 20 percent, which is the minimum compensable rating under Diagnostic Code 5243 (pertaining to IVDS). Her right lower extremity radiculopathy was also rated at 20 percent. The Board denied service connection for hypothyroidism and hypoglycemia.

The Board has denied the Veteran's claims for increased ratings for migraine headaches, lumbar spine disability, back scar, and cervical spine disability prior to October 23, 2018. The case is remanded for further development.

The Veteran is granted a rating of 50 percent for his lumbar spine disorder from July 27, 2005 to June 19, 2014 and a 60 percent rating thereafter. He also receives TDIU during this period and SMC on the basis of being housebound.