Back / lumbar spine decisions — 2023

The Board has remanded the case for additional development and an opinion regarding the nature and etiology of the Veteran's low back condition, including consideration of his in-service injury.

The Veteran's service-connected degenerative joint disease of the lumbar spine with intervertebral disc syndrome and sciatica have been granted a disability rating of 40 percent, effective from September 10, 2018. The decision also grants ratings of 20 percent for sciatica of the left lower extremity and right lower extremity associated with the lumbar spine condition.

The Board has dismissed all claims as the Veteran withdrew their appeal by requesting a Higher-Level Review and opting all claims from the April 10, 2020 decision into the Appeals Modernization Act.

The Veteran's service connection claims for left ear hearing loss, neck condition (cervical spine), back condition (cervical spine), left breast condition, muscle atrophy, left foot condition, and right foot condition have been granted. The rating of 20 percent has been restored for the left cervical sensory loss, circumflex nerve.

The Board has remanded the claims for lumbar spine disability, asthma, obstructive sleep apnea (OSA), hypertension, right toe injury, headaches, and an acquired psychiatric disorder to determine the appellant's periods of service.

The Board denied service connection for cervical and thoracolumbar spine disabilities, finding that the conditions were not related to service.

The Veteran's TDIU claim for the period prior to March 22, 2019 was denied as he had a substantially gainful occupation despite his service-connected disabilities.

The Veteran's claim for TDIU on an extraschedular basis from November 15, 2007, to February 22, 2009, and the earlier effective date for DEA benefits are remanded due to a reasonable possibility that he was unemployable due to service-connected disabilities.

The Veteran's OSA is granted as secondary to his service-connected PTSD.,The Veteran's lumbar spine arthritis and RLE radiculopathy are both granted on a secondary basis to their respective service-connected conditions.,An effective date prior to July 8, 2015, for the grant of service connection for PTSD is denied.,PTSD is rated at 70 percent with TDIU established.

The Veteran's appeal for service connection for degenerative disc disease with right lower extremity radiculopathy (claimed as low back condition) is remanded. The appeals for TDIU and increased ratings for left leg injuries are dismissed.

The Board has denied a higher rating for right lower extremity radiculopathy and remanded the cases of left shoulder rotator cuff tear, lumbar arthritis, sinusitis, and deviated nasal septum. The Veteran's claims are now pending again due to incomplete medical examinations.

The Board has remanded the claims for prostate cancer and its secondary disabilities due to pre-decisional duty to assist errors, including failure to obtain private medical records and an inadequate VA opinion. The appellant is seeking compensation under 38 U.S.C. § 1151 for prostate cancer and service connection for various disabilities as secondary to his prostate cancer.

The Veteran's right shoulder tendonitis and cervical strain have been rated at 20 percent, but the lumbar degenerative disc disease with strain has not met the criteria for a higher rating. The Veteran's TDIU claim was denied.

The Veteran's claims for increased ratings for degenerative arthritis of the thoracolumbar spine and left lower extremity radiculopathy are being remanded due to inadequate examination findings. The VA will schedule a new examination to assess the severity of these conditions.

The Veteran's TBI is rated at 10 percent, effective July 11, 2015.,Degenerative arthritis of the spine with degenerative disc disease status post vertebral fracture is also rated at 10 percent, effective July 11, 2015.

The Veteran's claims for service connection for IBS, PTSD, cervical strain, lumbosacral strain, and migraines have been remanded due to insufficient evidence or need for further examination.

Service connection for tinnitus is granted. Service connection and initial ratings for left ear hearing loss, right ear hearing loss, intervertebral disc syndrome (IVDS) with degenerative arthritis of the lumbar spine, left lumbar radiculopathy, right knee disability, left knee disability, cervical spine disability, right shoulder disability, left shoulder disability, right elbow disability, and left elbow disability are denied. Service connection for major depressive disorder is also denied.

The Board has dismissed the Veteran's appeals for a higher rating for his lumbar spine disability and TDIU, as well as his initial claim of a 10 percent rating for his midline lumbar scar. The Board found that the Veteran withdrew these claims during his hearing.

The Veteran's low back pain with degenerative disc disease and spondylolisthesis status post posterior lumbar interbody fusion is granted at a 40 percent evaluation. The issue of service connection for a neck disability and right lower extremity radiculopathy are remanded.

The Veteran's claims for effective dates earlier than August 26, 2016, for left forearm supination impairment and left elbow tendonitis have been denied.,The Veteran's claim for service connection for Epstein-Barr syndrome has been granted and readjudicated.