Back / lumbar spine decisions — 2023

The Veteran's service-connected disabilities have prevented him from obtaining and maintaining gainful employment prior to January 30, 2020. The Board has determined that remand is necessary to address this issue.

The Veteran's appeal for bilateral achilles condition was dismissed. The Board also remanded the issue of service connection for a low back disability, to include as secondary to service-connected bilateral ankle disability.

The Board has granted service connection for the Veteran's low back disability, finding that it is related to his active military service and establishing continuity of symptomatology since service.

The Veteran's claims for increased ratings for right ankle osteoarthritis and lumbosacral spine DDD with IVDS are denied. The Board found that the evidence did not support a higher rating for either condition.

The Veteran's appeal is remanded for further evaluation of his claims related to lumbosacral strain, left shoulder strain, and a urinary condition. His chondromalacia of the left knee remains at a 10 percent rating.

The Veteran's bilateral hearing loss and degenerative arthritis, lumbosacral spine were not rated higher than the current levels. The Board found that the evidence did not support a finding of entitlement to a TDIU based on these conditions alone.

The Board has remanded the case due to insufficient medical opinion regarding the Veteran's back disability, which may be related to a 1981 or 1983 injury during National Guard service.

The Veteran's service-connected bilateral foot, lumbar, and migraine disabilities are being remanded for further evaluation due to a significant length of time since the last VA examination.

The Veteran's claims for service connection for a low back disability and left knee disability, as well as his TDIU claim prior to March 29, 2016, are being remanded due to the need for new VA addendum opinions applying the but-for causal standard for secondary service connection.,The Veteran's current thoracolumbar spine disorder and left knee disorder may be less severe if not for his service-connected disabilities.

The Veteran's initial increased rating claims for a back disability and right knee disability have been denied.,The Veteran's service connection claim for obstructive sleep apnea has been remanded.

The Board has remanded the Veteran's claims for obstructive sleep apnea and lumbar spine disability, as well as his TDIU claim due to incomplete development. The Veteran is seeking service connection for his obstructive sleep apnea, which he asserts was caused by his active service in Southwest Asia or his service-connected acquired psychiatric disorder. He also seeks a higher rating for his lumbar spine disability and TDIU.

The Board has remanded the claims for residuals of ovarian cancer, back disability, right lower extremity neuropathy, and left lower extremity neuropathy due to new evidence submitted by the Veteran. The claims are being remanded for additional medical opinions regarding the relationship between these conditions and service.

The Veteran is granted a total disability rating based on unemployability due to service-connected disabilities prior to March 29, 2018. The issue of entitlement to a TDIU from March 29, 2018 was dismissed as moot.

The Veteran's claim for a disability rating in excess of 40 percent for his lumbar spine condition and TDIU prior to February 10, 2017 was denied. The Board found that the evidence did not support an increase in disability warranting a higher rating or entitlement to TDIU.

The Board has remanded the claims for further development due to the need for VA examinations and additional records.

The Board has found that new examinations are needed to properly adjudicate the claims for increased disability ratings for intervertebral disc syndrome and degenerative disc disease of the lumbosacral spine, as well as bilateral hearing loss. The updated VA treatment records need to be added to the record.

The Veteran's lumbar spine disability was previously evaluated as low back strain. The Board granted a 40% evaluation for the period from February 1, 2016 to October 7, 2016 and denied increased evaluations thereafter.

The Veteran's claim for a higher rating for lumbar spine strain is denied. The current rating of 20% is maintained.

The Veteran's IVDS with spondylolisthesis and DDD is currently rated at 10 percent prior to July 13, 2022, and increased to 40 percent from that date. The left lower extremity radiculopathy is rated at 20 percent.,Gastroesophageal reflux disease (GERD) was initially granted a 10 percent rating effective April 7, 2023.

The Board has granted service connection for tinnitus and has remanded the remaining issues due to insufficient evidence.