Back / lumbar spine decisions — 2023

The Board denied the Veteran's claims for service connection and secondary service connection for a back disability, finding no evidence linking his current condition to his active-duty service or to his service-connected stroke residuals.

The Board has remanded the cases for additional development, including obtaining a retrospective VA opinion regarding the severity of the Veteran's service-connected low back disability prior to August 5, 2020.

The Board has determined that the reduction in disability rating from 20 percent to 0 percent for right lumbar radiculitis was improper and restored a 20 percent rating. The issue of entitlement to an increased rating for right lumbar radiculitis is remanded due to lack of recent examination.

The Veteran's claim for increased ratings for his degenerative arthritis with lumbosacral strain is remanded due to the need for additional development, including obtaining private treatment records from the period on appeal and scheduling another VA examination.

The Veteran's low back disability was granted a 20 percent rating prior to March 28, 2019. From March 28, 2019 to March 9, 2023, the claim for an increased rating was denied. Since March 9, 2023, the Veteran's claim remains pending as a higher rating is not granted.

The Veteran's hypertension is granted as service-connected due to herbicide agent exposure.,The Veteran's kidney disability and erectile dysfunction are granted as secondary to service-connected diabetes mellitus and hypertension.,The Veteran's colon cancer is remanded for further development.

The Board has remanded the Veteran's claims for service connection for lumbar spine disability, right shoulder disability, and psychiatric disability (apart from service-connected neurocognitive impairment) due to incomplete medical opinions and lack of a VA examination.

The Board has remanded the claims for service connection of various conditions including right knee, left knee, back, diabetes mellitus, peripheral neuropathy in bilateral extremities, hypertension, and heart condition due to incomplete development.

The appeal for a disability rating in excess of 60 percent for neurogenic bladder is dismissed. The appeals for major depressive disorder, migraine headaches, spinal stenosis with IVDS and DDD, left lower extremity lumbar radiculopathy, and right lower extremity lumbar radiculopathy are all REMANDED.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's diagnosed obesity, which is related to his service-connected right and left knee disabilities, was a result of his service-connected conditions. The decision resolves all reasonable doubt in favor of the Veteran.

The Veteran's service-connected low back injury with degenerative changes at L4-5 is currently rated at 20 percent, effective January 10, 2023. The Board denied an increased rating for the period prior to this date.

The Veteran's right ankle condition, degenerative disc disease of the lumbar spine with intervertebral disc syndrome and resultant spinal fusion with radiculopathy of the right lower extremity, and right foot drop are all granted. The Veteran is assigned a 20% disability rating for his right ankle condition.

The Veteran's diabetes mellitus, type II is granted based on direct evidence of herbicide agent exposure. The low back disorder, headache disorder, and residuals of frostbite are remanded for further examination.

The Board has reopened the Veteran's claims for service connection for degenerative disc disease of the lumbar spine and retropatellar pain syndrome of the left knee as secondary to his service-connected right knee condition. The case is remanded for further development.

The Veteran's service connection claims for respiratory disorders, low back conditions, and left leg sciatica have been denied. The Board found that the current diagnoses are less likely than not related to service.

The Veteran's TDIU claim is granted for the period from January 1, 2018 to January 28, 2020. The claims for an initial compensable disability rating for service-connected surgical scars of the right shoulder and service connection for a low back disability are remanded.

The Veteran's claim for a higher rating for his lumbar strain s/p lumbar decompression surgery with IVDS is being remanded due to the need for additional medical examination and records review.

The Veteran's appeals for increased ratings for cervical and thoracolumbar spine disabilities were denied because he failed to appear for VA examinations without providing good cause.

The Veteran's service-connected disabilities did not preclude him from obtaining and maintaining substantially gainful employment, as he was still employed at the time of his death.

The Board has denied service connection for chronic mycotic infections of the right and left feet, finding that there is no evidence in the record to support a nexus between these conditions and active service.,Service connection for low back disorder, respiratory disability (including asthma and COPD), erectile dysfunction associated with low back disorder, and sciatic radicular pain and weakness of the legs are remanded due to insufficient development and examination.