Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims of service connection for various spinal and joint conditions due to conflicting opinions from VA examiners regarding their etiology. The Veteran contends that his current conditions are related to service, including strenuous exercises during bootcamp and marching band activities.

The Veteran is granted a 40 percent rating for his service-connected degenerative arthritis of the lumbosacral spine from August 4, 2021 to July 24, 2022.,The Veteran's application for TDIU is granted.

The reduction of the rating for the Veteran's service-connected back disability was improper, and a 60 percent disability rating is restored, effective March 1, 2018. The increased rating in excess of 60 percent for a back disability is remanded.

The Veteran's appeal for a temporary total disability rating was dismissed because he did not file an appeal for this issue.

The Board has determined that new and material evidence has been received to reopen the claims for service connection of left knee and lumbar spine disabilities. The cases are now remanded for further development.

The Veteran's sleep apnea is granted as secondary to his service-connected disabilities. His bilateral hearing loss and headaches are denied, while his TBI, back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy receive initial ratings.

The Veteran's umbilical hernia residuals are currently rated as 20 percent disabling. The Board finds that a higher rating is not warranted.,Service connection for bilateral hearing loss was denied due to the lack of current diagnosis and evidence of hearing impairment for VA purposes.

The Veteran's claim for an increased rating and service connection for lower extremity radiculopathy associated with his lumbar spine disability is remanded. Additionally, the TDIU issue is also remanded due to inextricably intertwined issues.

The Board has granted the reopening of claims for service connection for acquired psychiatric disability, lumbar spine disability, right knee disability, left knee disability, and left hip disability. Service connection is now granted for these conditions.

The Board has determined that the Veteran's service-connected degenerative disc disease, lumbar spine with bulging disc L5-S1 and intervertebral disc syndrome, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity require further examination to assess their current severity. Additionally, his claim for a total disability rating based on individual unemployability (TDIU) is remanded due to the need for information regarding his employment status.

The Veteran's obstructive sleep apnea is rated at 50 percent, the maximum rating authorized under DC 6847. The Board finds that the criteria for a higher rating are not met.,The Veteran's low back scars have been rated as non-compensable. The evidence does not show any disabling effects on the affected body parts and the scars do not meet the criteria for a compensable rating under DC 7805 or DC 7802.,The Veteran's tinnitus is rated at 10 percent, the maximum rating authorized under DC 6260. The evidence does not show any unique or unusual symptoms not contemplated by the rating code.

The Board has dismissed the Veteran's appeals for increased ratings on his left hand sprain and lumbar spine disabilities, as he withdrew these appeals. The remaining issues have been remanded for further review.

The Veteran is seeking additional retroactive VA disability compensation benefits under the CRSC program for the period from December 2011 to April 2015, and he also wants to know if it was proper to withhold his VA disability compensation benefits due to a retired pay adjustment. The Board has ordered further action to review these issues.

The Board has remanded the claims for an initial rating in excess of 10 percent from October 29, 2018, to July 30, 2020, for service-connected low back disability; a rating in excess of 20 percent from July 30, 2020, to January 4, 2021, for service-connected low back disability; and an initial rating in excess of 40 percent from January 4, 2021, for service-connected low back disability. The claim for a rating in excess of 20 percent for LLE sciatic nerve radiculopathy is also remanded.

Service connection is granted for a back disability and a neck disability.,The Veteran's service-connected disabilities do not cause or aggravate his claimed GERD, dysphagia, or right knee disabilities.

The Board has decided that the Veteran's bilateral flat feet do not warrant a rating in excess of 30 percent. The low back disability is being remanded for further evaluation.

The Board has determined that the Veteran's neck and back disabilities are service-connected. However, due to the complexity of her headache condition and its potential secondary relationship with her service-connected conditions, a remand is necessary for further examination and opinion.

The Board has decided to remand the case due to an inadequate VA opinion, and a new examination is needed to determine if the Veteran's lumbar spine disability is related to service or his service-connected bilateral foot disabilities.

The Veteran's claims for initial compensable ratings for vertigo, GERD, and a low back disability are remanded due to the need for new VA examinations to assess current severity.

The Board has dismissed the appeal due to a procedural error and has ordered remand for issuance of a Statement of the Case (SOC). The Veteran's claims for service connection are now pending before the AOJ.