Back / lumbar spine decisions — 2023

The Veteran's lumbar spine disability is now rated at 40% effective March 11, 2005.,Left lower extremity sciatic neuralgia was granted service connection effective October 11, 2005.

The Veteran's service-connected disabilities prior to February 3, 2010 did not meet the schedular requirements for a TDIU rating. The Board has determined that there is a reasonable possibility of unemployability due to his service-connected disabilities and refers this matter to VA's Director of Compensation Service for extraschedular consideration.

The Veteran's claim for service connection for a low back disability is being remanded due to the submission of new and material evidence. The claim for service connection for an acquired psychiatric disorder, including bipolar II disorder and polysubstance use disorder (claimed as opioid use disorder), is also being remanded.,A VA opinion is needed regarding whether the Veteran's low back disability and acquired psychiatric disorders are related to his service-connected right knee disability.

The Veteran's lumbar spine degenerative disc disease is currently rated at 40 percent, but the Board finds that it does not warrant a higher rating due to limited range of motion.,The Veteran's bilateral sciatic nerve radiculopathy is currently rated at 10 percent each side. The Board finds no basis for a higher rating as there is no evidence of moderate or severe incomplete paralysis.

The Veteran withdrew his appeal for an increased rating for degenerative arthritis of the lumbar spine, resulting in dismissal of the case.

The Board has remanded the cases for further development, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of the Veteran's obstructive sleep apnea and back disorder.

The Board has remanded the claims for service connection for obstructive sleep apnea (OSA) and entitlement to a total disability rating due to individual unemployability (TDIU). The primary issue is whether obesity, which may be an intermediate step between the Veteran's service-connected disabilities and his OSA, caused or aggravated the Veteran's OSA. Additional development is needed to address this question.

The Veteran's erectile dysfunction is granted as service-connected due to a link with his service-connected traumatic brain injury.,Service connection for dental disability or condition is denied. The Veteran does not have a compensable dental disability under VA regulations.

The Board has determined that additional development is needed for the claims of service connection for back disability, gastrointestinal disability, night sweats or disability manifested by night sweats, allergic rhinitis, sinus disability, tinea cruris, tinea unguium, tinea pedis, bursitis (right shoulder), hyperhidrosis, fatigue or disability manifested by fatigue, and pes planus. The Board is therefore remanding these claims for further development.

The Board has remanded the cases for further examination and evaluation due to inadequate prior examinations. The Veteran's left wrist fracture and lumbar spine disabilities are being evaluated again.

The Veteran's claims for increased ratings for his thoracolumbar spine strain are denied as the claimant failed to report for scheduled VA examinations without good cause.

The Board has remanded the Veteran's claims for service connection for lumbosacral strain and bilateral foot disability due to incomplete service treatment records and insufficient medical opinions. The Veteran is required to provide additional personnel records, and a new examination and opinion are needed regarding the etiology of his current back condition and pes planus.

The Veteran's claims for service connection were denied. The Board found that new and material evidence was not received to reopen the claim of back disability, and the neck, arm, lower extremity, and hearing loss disabilities are not related to service.

The Veteran's lumbar spine disorder is currently rated at 20 percent, but the Board has remanded this issue due to further development being necessary.,Left lower extremity femoral radiculopathy was previously rated at 10 percent prior to March 2, 2021, and now remains rated at 20 percent from that date. The issue of increasing the rating for left lower extremity sciatic radiculopathy is also remanded.

The Board has found that the VA medical opinions obtained in connection with the January 2023 remand were inadequate and have ordered a new examination to address whether the Veteran's lumbar spine disability is related to service, including exposure to contaminated water at Camp Lejeune.

The Veteran's unspecified depressive disorder, headaches, and degenerative arthritis of the lumbar spine have been granted. A TDIU has also been granted.

The Veteran's claims for service connection for lumbar and cervical spine disabilities, as well as abdominal pain with hiatal hernia and ulcer symptoms, are being remanded due to the need for additional medical records and examinations.,Service connection is also being remanded for right ear hearing loss.

The Board has denied service connection for back, sleep, and acquired psychiatric disabilities due to lack of evidence linking these conditions to service. The case is remanded for further review regarding potential herbicide exposure.

The Board has remanded the claims for service connection for Meniere's disease, lumbar spine disability, cervical spine disability, and respiratory disability due to insufficient examinations and opinions regarding their etiology.

Your appeals for service connection for a low back disorder and hypertension have been dismissed due to the Veteran's death. The appeal does not survive his passing.