Back / lumbar spine decisions — 2023

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea (OSA) is caused or aggravated by his service-connected disabilities, including PTSD with depression and alcohol use disorder, chronic lumbar strain, and non-Hodgkin's lymphoma. The VA must obtain additional opinions on these issues.

The Board denied service connection for lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as there was no evidence of in-service injury or disease related to these conditions. The Board also found that secondary service connection for radiculopathy could not be granted due to lack of a service-connected lumbar spine disability.

The Veteran's appeals for service connection and increased rating were dismissed as he withdrew his claims in writing before the Board made a decision.

The Board has remanded the Veteran's claims for lumbosacral strain, residuals of right and left ankle sprains, and patellofemoral pain syndrome of the right and left knee due to insufficient medical evidence on file.

The Veteran's TDIU claim is granted due to the combined effect of his service-connected disabilities, which render him unable to secure and follow a substantially gainful occupation.

The Board denied service connection for a lumbar spine disorder, finding that the Veteran's current diagnosis of lumbar degenerative disc disease was not incurred in or related to her military service.

The Board dismissed the appeals for reductions in evaluation, ratings for sciatic and femoral radiculopathy, and service connection for umbilical hernia and shaving condition.

The Board has decided to remand the claims for service connection for lumbosacral spine disorder and keloids due to insufficient evidence. Additional medical opinions are needed to determine if these conditions were incurred in service.

The Veteran's left upper extremity radiculopathy was granted service connection as it began during active service.,Service connection for obstructive sleep apnea (OSA) is denied due to lack of current diagnosis and evidence in support.,Lumbar spinal stenosis, bilateral lower extremity radiculopathy, and arachnoid cyst of the brain are not granted as they occurred during a period where the Veteran was barred from VA benefits.,An initial rating in excess of 10 percent for bilateral tinnitus is denied due to already having the maximum schedular rating available.,Service connection for posttraumatic stress disorder (PTSD) is dismissed as it was severed effective December 29, 2014.

The Veteran's claim for service connection for a lumbar spine disability is being remanded due to new and material evidence. The effective date for the increased rating of 30 percent for headaches remains denied as there was no factually ascertainable increase in severity prior to May 24, 2018.,The Veteran's tension headaches are rated at 30 percent but not higher due to lack of very frequent completely prostrating and prolonged attacks. The left shoulder strain with degenerative arthritis is also rated at 20 percent as there is no limitation of motion that meets the criteria for a higher rating.

The Board has remanded the issues of entitlement to increased ratings for the Veteran's service-connected back disability, right knee strain, and left knee disability. The Veteran is also entitled to a compensable rating for his right knee limitation of extension.

The Board denied the Veteran's claims for service connection for tinnitus, a back disability, and a headache disability (including migraines). The Board found no credible evidence of in-service incurrence or relationship to service.,There is no persuasive medical evidence linking any current disabilities to service.

The Board has reopened the Veteran's claims for service connection for low back disability, extrinsic asthma, and migraine headaches due to new evidence submitted since the last final denial. The claims are now remanded for further development.

The Veteran's low back disorder is currently rated at 40 percent, effective June 20, 2014. The Board has granted a 40 percent rating for the entire appeal period and denied entitlement to higher ratings or additional benefits. The case is remanded for further action on TDIU and DEA eligibility claims.

The Veteran's claims for earlier effective dates and increased ratings have been withdrawn.,The Veteran's claim of entitlement to an earlier effective date for the grant of service connection for spondylolisthesis has been dismissed as a matter of law.

The Veteran's claim for service connection for a chronic urinary tract infection is granted. The Veteran's increased disability rating claim for lumbosacral strain is remanded.

The Veteran's low back disability and right lower extremity radiculopathy were evaluated, with the majority of issues being remanded for further review.,Service connection was not granted for peripheral vestibular disorder or cervical spine degenerative arthritis.

The Board has remanded the case due to inadequate examination reports and failure to address certain evidence. The Veteran's low back disorder is being remanded for a new VA examination and medical opinions.

The Veteran's claim for service connection for a sinus disability was reopened and granted. Service connection for degenerative arthritis of the lumbar spine was also granted. The claims for left knee, right knee, left ankle, and right ankle disabilities are remanded.

The Board has found that there has not been substantial compliance with the February 2023 Board remand requests and therefore, this claim must again be remanded for additional development.