Back / lumbar spine decisions — 2023

The Board has decided that the Veteran's claims for service connection for a low back disorder and right lower extremity radiculopathy need to be remanded due to inadequate examination in October 2014. A new examination is required to determine if his conditions were aggravated during service or are related to his period of service.

The Board has granted service connection for lumbar strain with degenerative disc disease, right foot strain with degenerative arthritis, and left thumb degenerative joint disease. The decision is based on the Veteran's in-service complaints and subsequent diagnoses.

The Board has granted the Veteran's claims of reopening and establishing service connection for left knee disability, back disability, bilateral hip disability, and right knee disability. The Board found that the Veteran's disabilities were incurred in his time in service due to jumping out of airplanes as a paratrooper.

The Veteran is granted earlier effective dates of June 4, 2018 for radiculopathy of the left and right lower extremities.,The Veteran's claims for higher ratings for patellofemoral pain syndrome of the right knee and status post lumbar microdiscectomy are remanded due to inadequate examination reports.

The Veteran's initial rating for a lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome has been granted at 40 percent, but no higher.

The Veteran's claims for service connection have been remanded due to the need for additional evidence and examinations. The AOJ will obtain updated VA treatment records, conduct further development as needed, and schedule appropriate VA examinations.

The Veteran's appeals for increased disability ratings have been dismissed as the Veteran requested to withdraw all pending appeals.

The Veteran's service-connected disabilities prevented him from securing or maintaining substantially gainful employment prior to September 16, 2020.

The Board has denied the Veteran's claim of service connection for a low back disability, finding that his current condition did not originate in service or within one year after discharge and is not otherwise etiologically related to his active service.

The Board has decided that the Veteran's claim for service connection for a thoracolumbar spine disability should be remanded due to failure to notify the Veteran of an upcoming VA examination and because he did not attend the scheduled examination.

The Board has granted service connection for the Veteran's diagnosed lumbar spine disorder, finding that it is directly related to her military service and/or secondary to her service-connected bilateral knee conditions.

The Board denied a rating in excess of 10 percent for low back strain with degenerative disc disease prior to May 11, 2023 and denied a rating in excess of 40 percent for the same condition from that date. The Veteran's disability is rated at 40 percent since May 11, 2023.

The Veteran's request to reopen claims for lumbar spine and left knee disabilities was granted. The Board also found that the Veteran's lumbar spine disability is service-connected, but remanded the issues of left knee disability (to include as secondary) and right index finger disability.

The Veteran's claims for service connection have been granted for various conditions, including arthritis of the hands, OSA, PFB, prostate cancer, right shoulder arthritis, and degenerative arthritis of the lumbar spine. The remaining issues are being remanded.

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the evidence did not support a compensable rating for bilateral hearing loss, headaches, or duodenal ulcer. Sinusitis was granted on a presumptive basis, but the Veteran still does not meet the criteria for a higher rating prior to January 29, 2019 and thereafter.,The Board also denied service connection for various conditions including bilateral pes planus, left foot hallux valgus, right foot hallux valgus, shoulder disabilities, heart disability, acquired psychiatric disability, upper extremity peripheral neuropathy, knee disability, low back disability, and neurological disabilities. The Veteran's claims were previously denied in 2016 but new evidence was submitted to reopen these claims.

The Veteran's lumbar spine disorder is rated at 40 percent prior to September 18, 2020, and no higher. The rating will remain at 40 percent for the entire period on appeal.

The Veteran's degenerative arthritis of the lumbar spine with spondylolisthesis is currently rated at 40 percent, and a higher rating is denied.,The Veteran's left lower extremity radiculopathy has been rated at 40 percent since March 16, 2011, and 20 percent from January 27, 2015. The Board finds that the evidence does not support a higher rating for this condition.,The Veteran's right lower extremity radiculopathy has been rated at 10 percent since May 23, 2013, and 20 percent from January 27, 2015. The Board finds that the evidence does not support a higher rating for this condition.,The Veteran's service connection claims for bilateral foot disorder (secondary to service-connected left knee disorder and/or service-connected lumbar spine disorder) and right knee disorder (secondary to service-connected left knee disorder) are remanded.

The Veteran's claim for a disability rating in excess of 20 percent for lumbosacral strain was denied, and the issue of entitlement to a combined disability rating of 40 percent from March 3, 2016, was dismissed as moot.

The Board has denied the Veteran's claims for service connection for right knee disability, left knee disability, scar from a lower lip laceration, tinnitus, and unspecified back disability. The evidence did not support a finding that any of these conditions began during active service or were related to in-service injuries or diseases.

The Board has remanded the cases due to a failure to ensure that VA met its duty to assist by obtaining service treatment records from Fort Jackson, where the Veteran reported receiving emergency room treatment during basic training.