Back / lumbar spine decisions — 2023

The Board denied the Veteran's claim for service connection for a disability of the lumbar segment of the spine, finding that her current back condition was not caused by or related to her military service.

The Board has remanded the claims of service connection for a right knee disability, an initial rating in excess of 30 percent for PTSD prior to November 6, 2019, and TDIU due to PTSD. The Veteran's attorney raised a claim for TDIU by indicating that the Veteran is unable to work due to his service-connected psychiatric disability.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder, a lumbar spine disorder, and a right shoulder disorder due to incomplete development following previous remands.

The Board has decided to remand the case due to insufficient examination and missing treatment records, particularly regarding the nature and severity of the Veteran's service-connected lumbar spine disability.

The Board has decided that the claims for service connection of low back disorder, left knee disorder, and right knee disorder need more information from the Veteran's Reserve service records. The AOJ is instructed to obtain these records and verify all periods of ACDUTRA and INACDUTRA.

The Veteran's TDIU claim was granted, and his increased ratings for back disability and right lower extremity radiculopathy were also granted. The rating for the back disability is set at 20 percent, while the rating for the right lower extremity radiculopathy remains at 20 percent.

The Board denied the Veteran's claim for service connection of a back disorder, finding that there was no evidence of a current disability during or within one year after service and no link between any diagnosed condition and service.

The Veteran's appeal is remanded for further evaluation of his lumbar spine condition.,For PTSD, the Board found that the Veteran's symptoms did not warrant a higher than 30 percent rating during the appeal period.,For left shoulder strain with rotator cuff tendonitis, the VA examiner noted no limitation to 25 degrees from side and concluded that a higher rating is not warranted.

The reduction in the disability rating for service-connected lumbar strain with degenerative arthritis of the thoracic spine with IVDS at L3 and L4 from 20 percent to 10 percent, effective June 12, 2018, was improper; restoration of the Veteran's 20 percent disability rating is granted.

The Board denied the Veteran's claim for service connection for a disability of the thoracolumbar spine, finding that there was no evidence to support a nexus between his current low back disability and his military service.

The Veteran's peripheral neuropathy of the right lower extremity is granted as secondary to his service-connected IVDS of the lumbar spine. His PTSD and IVDS of the lumbar spine are both rated at 70 percent disabling.

The Board has remanded the Veteran's claims for lumbar spine disability and ED, as both are claimed to be secondary to his service-connected left knee disability. The VA will obtain additional medical opinions regarding the nature and etiology of these conditions.

The Veteran's spine disabilities are evaluated, and the heart disorder issue is remanded for further development.

The Veteran's cervicogenic headaches are caused by her service-connected cervical spine disability.,The Veteran's thoracolumbar spine strain is related to a period of active air service.,The Veteran's left shoulder strain is related to a period of active air service.,The Veteran's chest pain, secondary to service-connected adjustment disorder with anxiety and depressed mood, panic disorder, generalized anxiety disorder, is caused by her service.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional development is needed due to inconsistencies in previous medical opinions and new evidence of service participation in toxic exposure activities (TERA).

The Veteran's bilateral hearing loss is currently assigned a noncompensable evaluation.,Service connection for the right knee disorder, left arm disorder, left ankle disorder, and right ankle disorder are all denied.,Service connection for diabetes, back disorder, shoulder disorder, TBI (head injury) with memory loss, neck disorder, hypertension (high blood pressure), cerebral vascular accident (CVA, strokes), headaches, and PTSD is also denied.,The Veteran's vision loss was not found to be related to service.

The Board has remanded the cases due to insufficient examination opinions regarding whether the Veteran's current pelvic and lumbar spine disabilities are at least as likely as not caused or aggravated by his service-connected right knee disability, left hip trochanteric bursitis, and/or right hip trochanteric bursitis.

The Veteran's back disability and right lower extremity radiculopathy have been addressed, but the claim for fibromyalgia remains pending.,The Board has found that a higher rating of 40 percent is warranted for the Veteran's right lower extremity radiculopathy as of November 17, 2022.

The Board has granted an initial disability rating of 40 percent for the Veteran's lumbar spine disability, effective October 27, 2021.

The Board has remanded the claims for increased ratings for bilateral knee and low back disabilities due to insufficient medical evidence on file regarding functional loss during flare-ups.