Back / lumbar spine decisions — 2023

The Board has granted service connection for obstructive sleep apnea as secondary to service-connected PTSD and degenerative arthritis of the lumbar spine, with obesity serving as an intermediate step.

The Board has granted service connection for a thoracolumbar spine condition, upper back pain, and lower back pain with discomfort. The Veteran's current disability is arthritis in the back, which was noted during service but not diagnosed until after separation. The Board found that there was continuity of symptomatology from service to the present day.

The Veteran's back brace caused wear and tear to his shirts, leading to the grant of a clothing allowance for 2019.,Both of the Veteran's knee braces (right and left) caused wear and tear to his pants, resulting in the grant of two additional clothing allowances for 2019.

The Veteran's PTSD is granted as service-connected based on a confirmed in-service stressor.,Service connection for lumbosacral strain is granted, with the opinion being approximately evenly balanced.,Service connection for residuals of head injury (TBI, headaches, and blurry vision) is remanded due to inadequate medical examination.

The Board has granted service connection for coccydynia and low back pain, finding that these conditions are related to an in-service injury.

The Veteran's appeal for higher level review of the September 2018 rating decision was denied due to being untimely.

The Veteran's claims for earlier effective dates and increased ratings were denied. The Board found that the earliest date available was June 16, 2014, when the Veteran first filed a claim to reopen his service connection for low back disability.,For the period prior to June 28, 2019, the Veteran's low back disability was rated at 10 percent. From June 28, 2019 to March 12, 2020, it was rated at 40 percent.

The Board has decided to remand the case due to inadequate VA examinations, and a new examination is needed to assess the current severity of the Veteran's lumbar strain disability.

The Board has remanded the TDIU claim due to additional development being necessary, including obtaining employment information from the Veteran's employers and reviewing his Community Care Program records. The case will be readjudicated after any further development.

The Board has found that the Veteran's claimed low back, hand, hip, and foot disabilities are not service-connected due to lack of credible in-service injury history. The esophageal cancer and foot neuropathy claims have been remanded for further development.

The Veteran's claims for service connection have been denied. The Board has remanded several issues, including those related to bilateral hearing loss and tinnitus, as well as some of the disability evaluations.

The Board has remanded the case due to concerns about the adequacy of the VA examination and the Veteran's claims regarding her service-connected back disability.

The Veteran's lumbar spine disorder is granted service connection. Service connection for left ear hearing loss, right ear hearing loss, right shoulder disorder, left shoulder disorder, left hip disorder, and right knee disorder are denied. Service connection for prostate cancer residuals is granted.

The Board has remanded the Veteran's claims for lumbar strain with arthritis, right leg peripheral neuropathy, and left leg peripheral neuropathy due to issues related to service connection. The claims are being remanded because of a late filing of the Veteran's appeal form.

The Veteran's total disability rating based on individual unemployability (TDIU) is dismissed as moot because he is already receiving a combined 100 percent schedular rating for multiple service-connected disabilities.

All claims for increased ratings are granted. Effective January 13, 2016, the Veteran is granted service connection for left lower extremity radiculopathy and a rating of 70 percent for TBI. Ratings of 30 percent are granted for right and left lower extremity radiculopathy with femoral nerve involvement effective November 29, 2021. The Veteran's PTSD is rated as 30 percent prior to May 30, 2023, and 50 percent from that date.

The Board denied the Veteran's appeal regarding the timeliness of their Notice of Disagreement (NOD) for a December 11, 2015 rating decision. The NOD was untimely as it was filed more than one year after the December 16, 2015 mailing of the rating decision.

The Board has remanded the Veteran's claims of service connection for residuals of a traumatic brain injury, including headaches, and low back disability due to inadequate opinions regarding the onset and relationship to service.

The Board has determined that additional development is needed for the claims of increased ratings for right shoulder and back disabilities due to outdated examination reports. The Veteran will need to undergo more current examinations to determine the current severity of their service-connected conditions.

The Veteran's claim for service connection for sleep apnea is granted. His 10% rating for allergic rhinitis is restored, and his claims for other conditions are remanded.