Back / lumbar spine decisions — 2023

The Veteran's lumbar spine disability is rated at 40 percent, and his RLE radiculopathy (sciatic nerve) and LLE radiculopathy (femoral nerve) are each rated at 20 percent. The Veteran does not meet the criteria for higher ratings in any of these cases.

The Board has remanded the Veteran's claims for service connection for various disabilities, including TBI, neck disability, skin condition involving the feet, low back disability, left knee disability, and left ankle disability. The claims are being addressed on the merits due to new evidence received since the previous denials.

The Board has granted service connection for obstructive sleep apnea and has remanded the issues of rating in excess of 20 percent for a back disability, compensable rating for metacarpal repair of the right foot, service connection for hypertension, and service connection for adult onset diabetes.

The Board has determined that the Veteran's cervical spine and thoracolumbar spine disorders are related to service, granting entitlement to service connection for these conditions.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder and a back disability, finding that there was no evidence of in-service stressors or chronic conditions meeting the criteria for service connection.

The Board has remanded three issues: service connection for back disability, sciatica of the right lower extremity, and sciatica of the left lower extremity. The decision is inextricably intertwined with the claim for service connection for back disability.

The Veteran's claim for an increased rating of his lumbosacral strain with degenerative arthritis was denied as he failed to cooperate by not attending a required VA examination.

The Board has determined that there are incomplete records and remands the cases for further development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claims for service connection for left shoulder disability, back disability, and bilateral foot condition are being remanded due to insufficient evidence.

The Veteran's low back strain is rated at 40 percent effective June 16, 2023. The issues of service connection for other spine disorders and radiculopathy are remanded.

The Veteran's tinnitus was granted service connection. Service connection for bilateral hearing loss and lower back disability is remanded due to the need for new VA examinations.

The Veteran's claim for an increased rating for his service-connected degenerative arthritis of the thoracolumbar spine with lumbar strain is remanded due to a lack of information regarding flare-ups and functional loss during such episodes.

The Veteran's claim for a rating in excess of 20 percent for lumbosacral strain is being remanded due to the need for additional medical examination.

The Veteran's appeal was dismissed as she withdrew her appeal for service connection for a back condition and bilateral knee disabilities in an October 2020 statement. The Board also noted that the Veteran has since been granted service connection for posttraumatic stress disorder (PTSD).

The Veteran's lumbar arthritis, status-post L5-S1 fusion is granted service connection. The right and left knee disabilities are each granted a separate 20 percent rating for instability since February 7, 2021.

The Board has remanded the claims for migraine headaches, left hip sprain, right wrist disability, left-hand index finger disability, and low back disability due to a lack of VA examinations. The Veteran is requested to provide necessary medical evidence or attend VA examinations.

The Veteran's claim for a higher rating for his service-connected cervical spine disability is being remanded due to the need for additional medical examination and assessment of functional loss.

The Board has remanded the Veteran's claims for lumbar spine, left knee, sinusitis, and gastroenteritis disabilities due to lack of in-service treatment records and consideration of lay statements. Additional examinations are needed to determine the etiology of these conditions.

The Veteran's claims for increased ratings for lumbosacral strain and left lower extremity radiculopathy were denied due to failure to report for VA examinations.,Service connection for PTSD was denied as the Veteran did not provide a diagnosis of PTSD under DSM criteria.

The Veteran's right lower extremity radiculopathy is rated at 40 percent since December 22, 2022. The appeal for higher ratings remains pending.

The Board has determined that the Veteran's claims for service connection regarding migraines, lower back disability, and upper back disability require further development due to inadequate or inconsistent medical opinions in the existing records.