Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for service connection for a right knee disability and a lumbar spine disability due to inadequate medical opinions and lack of an examination.

The Veteran's low back disability is rated at 10 percent, but the evidence does not show that it meets or approximates the criteria for a higher rating.

The Veteran was granted a TDIU on an extraschedular basis from September 5, 2015 to July 18, 2022 due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Board denied service connection for various conditions, including low back disorder, bilateral knee disorder, bilateral pes planus with arthritis, peripheral neuropathy of the right lower extremity, headaches, multiple sclerosis (MS), ischemic heart disease (IHD), and prostate disorder. The reasons given were that there was no evidence linking these conditions to service or in-service exposure.

The Board has dismissed the appeals for right shoulder scar, bilateral knee disability, low back disability, and bilateral ankle disability. The appeal for sleep apnea is remanded.

The Veteran's GERD with hiatal hernia is granted an initial 30 percent rating, effective from the date of the decision. The ratings for cervical strain with IVDS and degenerative arthritis of the lumbar spine are denied prior to October 19, 2021, but granted thereafter. Separate ratings for left hip bursitis and patellar instability associated with left knee degenerative arthritis are granted effective from October 19, 2021. The rating for right knee bipartite patella with discoid medial meniscus is granted a separate 20 percent rating as of January 28, 2022.

The Board has remanded several claims for further development, including a TDIU claim and the need to consider additional medical records. The Veteran's service-connected lumbar spine disorder, left lower extremity radiculopathy with femoral nerve involvement, right lower extremity radiculopathy (rated as sciatic nerve impairment), and right lower extremity radiculopathy (rated as femoral nerve involvement) are all subject to remand.

The Board has remanded the claims of service connection for depression, bilateral pes planus (claimed as bilateral feet), and low back disorder due to insufficient evidence in some cases. The Veteran is required to undergo VA examinations to determine the nature and etiology of these conditions.

The Board has granted service connection for a lumbar spine disorder and a psychiatric disorder (claimed as a sleep disorder). The case is remanded to obtain medical opinions regarding radiculopathy of the lower extremities and headache disorder.

The Veteran's right knee instability is rated separately from April 26, 2022, but no earlier. The issue of a higher rating for the disability remains pending.,Other issues related to the Veteran's right ankle and lumbosacral strain are still under review.

The Veteran's claims for increased ratings for various service-connected disabilities are being remanded due to the need for updated medical records and examinations.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, hypertension, pes planus of the left foot, pes planus of the right foot, chronic bronchitis, and low back disability. The evidence does not support a finding that any of these conditions began during or are otherwise related to active service.

Service connection is granted for bilateral hearing loss and tinnitus.,The Veteran's headaches, neck disorder, back disorder, heart disorder, hypertension, acquired psychiatric disorder (including PTSD), anxiety, insomnia, sleep disturbances, and depression are remanded for further development.

The Veteran's increased rating claims for lumbosacral strain, cervical strain, left knee arthritis with internal derangement, right upper and lower extremity radiculopathy have all been denied.,Specifically, the criteria for a higher rating were not met for each condition.

The Board has granted service connection for bilateral pes planus and remanded the issue of an initial disability rating for lumbosacral strain.

The Veteran's service-connected disabilities have combined to prevent her from securing and maintaining gainful employment since May 13, 2018. The Board has granted a TDIU effective that date.

The Board has granted service connection for sleep apnea as secondary to service-connected disabilities and for a lumbar spine disability. The claims are remanded for further action regarding the Veteran's claim of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).

The Board has remanded the Veteran's claims for increased disability evaluation, SMC due to need for regular aid and attendance, and TDIU due to service-connected disabilities. The claims are being remanded for further development including obtaining additional medical evidence and providing a retrospective opinion on the severity of the Veteran's lumbar spine condition prior to February 19, 2011, and since that date.

The Board has granted service connection for cervical spine, lumbar spine, and left knee disabilities. However, the appeal is remanded for further action on claims for osteopenia, migraine headaches, an acquired psychiatric disability, a left shoulder disability, and a right knee disability.,Service connection is established for tinnitus due to its presumptive association with service in the Southwest Asia theater of operations during the Gulf War.

The Veteran's claim for service connection for bilateral hearing loss is denied, and the Board has remanded his claim for a back disability due to insufficient evidence.