Back / lumbar spine decisions — 2023

The Veteran's lumbosacral strain, now characterized as degenerative disc disease, thoracolumbar spine, is granted a 20% disability rating from July 23, 2012. Prior to this date, the condition was rated at 10%. The TDIU claim is also granted.

The Board has denied service connection for a low back disorder and bilateral hearing loss, finding that the current conditions are not related to service.

The Veteran's neck condition, diagnosed in 2016, is found to be related to service and granted service connection.

The Board has determined that the VA examinations for the Veteran's lumbar disability, right Achilles tendon disability, and left knee disability are inadequate. The Veteran is entitled to increased initial ratings for these conditions but needs further development including new VA examinations.

The Board has remanded the Veteran's claims for service connection for back and left knee disabilities, finding that the VA examinations provided inadequate opinions regarding causation and aggravation. The claims are now to be reconsidered with additional examination if necessary.

The Board has reopened the Veteran's claims for service connection for tinnitus and lower back disorder, but has remanded both issues due to insufficient evidence. The claim for residuals of a head injury is also remanded.

The Board has remanded the claims for obstructive sleep apnea, respiratory disorder (COPD and emphysema), lumbar spine disability, ankle disability, and shin splints due to inadequate evidence of service connection. Additional VA examinations are needed to address etiology.

The Veteran's lumbar spine disability is rated at 40 percent since February 4, 2010. A separate rating of 10 percent for right lower extremity radiculopathy is granted.

The Board has remanded the case due to insufficient evidence to verify in-service stressors for PTSD. The Veteran's service treatment records do not provide corroboration of his reported fall from a ladder, and further efforts are needed to locate any potential back injury episodes.

The Board has granted service connection for a back disability, finding that the Veteran's current condition is at least as likely as not related to his in-service injury.

The Veteran's right ulnar nerve impingement is granted as secondary to his service-connected cervical spine disability. The Veteran's obstructive sleep apnea, cervical spine disability, left middle finger disability, hiatal hernia with GERD, spondylosis of the thoracolumbar spine, and left ankle disability are all granted increased ratings.

The Board has remanded several issues related to the Veteran's low back disability, right knee disabilities (post-prosthetic replacement and prior), left shoulder disability, and right ankle disability. The TDIU claim is also on appeal for a period prior to March 18, 2015.

The Veteran's service-connected disabilities, including PTSD and lumbar spine disability, rendered him unable to secure and follow a substantially gainful occupation prior to June 26, 2018. The Board granted TDIU for this period.

The Veteran's initial claim for a 20 percent evaluation for service-connected lumbar disability has been granted. Additionally, a separate 10 percent evaluation for service-connected radiculopathy of the left femoral nerve is also granted.

The Veteran's migraine headaches are granted as service-connected due to being proximately due to his service connected alcohol use disorder. The claims for PTSD, major depressive disorder, and alcohol use disorder evaluation in excess of 30 percent, TDIU, traumatic brain injury (TBI), vertigo secondary to TBI, degenerative arthritis or DDD of the lumbar spine, right elbow condition, and right ankle condition are all remanded.

The Veteran's lumbar spine degenerative changes are rated at 20% prior to May 16, 2017 and 40% thereafter. The Veteran is granted a 10% rating for left lower extremity sciatica from July 24, 2012 to December 10, 2017. His left lower extremity sciatica is rated at 20% from December 11, 2017 to December 5, 2022 and 40% thereafter. The Veteran's right lower extremity radiculopathy is denied. The Board has remanded the issues of TDIU and CAD ratings.

The Board has remanded several claims for further development, including scheduling VA examinations and obtaining an etiology opinion regarding the Veteran's tinnitus. The remaining issues are also being remanded.

The Veteran's MFX residuals alone preclude him from securing or maintaining substantial gainful employment, and the Board has granted entitlement to a total disability rating based on individual unemployability due solely to his MFX.

The Board has remanded the issues of service connection for a low back disability, an initial rating higher than 40 percent for bilateral hearing loss, and an initial rating higher than 10 percent for tinnitus due to lack of recent VA treatment records and need for new examination.

The Veteran's cervical spine disability was granted a rating of 50 percent effective June 5, 2023 for right upper extremity radiculopathy.,The Veteran's left upper extremity radiculopathy was granted a rating of 40 percent effective June 5, 2023.