Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for service connection for her right hip, left hip, left knee, and lower back conditions due to incomplete development. The issues are currently pending further examination and opinion.

The Veteran's lumbosacral strain with degenerative arthritis is rated at 40 percent, effective December 11, 2015.

The Board has granted service connection for lumbosacral spine disability, left knee disability, GERD, and skin disorder. These conditions are all presumed to have had their initial onset before the end of the Veteran's qualifying period of service in November 1999.,The decision is based on medical evidence that indicates these disabilities were present prior to the conclusion of the Veteran's qualifying service.

The Veteran's appeal for an increased disability rating for arthritis of the thoracolumbar spine has been dismissed because he opted into the Appeals Modernization Act system.

The Veteran's lumbar spine disability is rated at 20% and denied for an increased rating. Other disabilities are also denied.

The Veteran's appeal for higher ratings for left and right carpal tunnel syndrome has been withdrawn.,For the period prior to June 19, 2017, his cervical spine disability is not shown to meet or approximate the criteria for a rating in excess of 20 percent.

The Board has remanded the case due to insufficient medical opinion regarding the nature and etiology of the Veteran's back disability. The AOJ must secure an addendum opinion from a clinician that addresses whether the Veteran's back disability preexisted service, if it did, whether there is clear and unmistakable evidence (CUE) that the preexisting condition was not aggravated beyond its natural progression during service, and if not, whether it is at least as likely as not related to service.

The Board has remanded the case for further development to obtain VA and private treatment records, including chiropractic notes dating back to August 2013. The Veteran's claim for service connection for arthritis and degenerative disc disease of the thoracolumbar spine is now pending.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance or permanently housebound, thus SMC based on aid and attendance is denied.

The Veteran's claim for an increased rating for his lumbar spine disability is denied. The current rating of 40% remains unchanged.

The Board has remanded the claims for service connection for degenerative disc disease of the lower back and obstructive sleep apnea due to secondary service-connected generalized anxiety disorder. The Veteran's claim for left ear hearing loss was also remanded.

The Veteran's claims for earlier effective dates and increased ratings have been dismissed.,An effective date of August 10, 2009 has been granted for the grant of service connection for left lower extremity radiculopathy.

The Veteran's claims for service connection for an acquired psychiatric disorder and a back disability have been denied. The claim for the back disability is being remanded due to new evidence received, but the psychiatric disorder claim remains denied.

Service connection for tinnitus, right hand disability, left shoulder disability, and low back disability is granted.,The Veteran's tinnitus had its onset during service. The right hand disability was incurred as a result of service. The left shoulder disability was also incurred as a result of service.

The Board denied service connection for a low back condition, bilateral hearing loss, and tinnitus. The decision found that the Veteran's current conditions are not related to his military service.

Your claim for service connection for a low back injury has been previously granted and you are already receiving the appropriate rating. The appeal is dismissed as there are no pending issues to review.

The Board has remanded the Veteran's claims for service connection due to outstanding medical records and additional opinions are needed.

The Veteran's thoracolumbar degenerative joint disease with degenerative disc disease L4-S1 is granted a 40 percent rating, but no higher. The ratings for right knee osteoarthritis and left knee degenerative arthritis are remanded.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's lumbar spine disorder and its aggravation by service-connected bilateral hip bursitis.

The Veteran's appeal is remanded for further evaluation and consideration of his service-connected acquired psychiatric condition and degenerative disc disease of the lumbar spine. The issues are inextricably intertwined with the claim for total disability rating due to individual unemployability (TDIU).