Back / lumbar spine decisions — 2023

The Veteran's claims for service connection for a lumbar spine disorder and right ankle disorder are dismissed. The claim to reopen his bilateral eye disorder is granted.

The Board has determined that the Veteran's service-connected disabilities render him in need of regular aid and attendance, warranting special monthly compensation based on aid and attendance.

The Board has granted service connection for the Veteran's bilateral hip, knee, and lumbar spine disabilities on a secondary basis to her service-connected PTSD. The disabilities are caused by obesity, which was also caused by her service-connected PTSD.

The Veteran's low back disability prior to December 27, 2016 did not meet the criteria for a higher than 10 percent rating based on limited range of motion and lack of ankylosis.

The Veteran's petition to reopen his claim for GERD was granted, and the issue of entitlement to service connection for GERD is also granted. The issue of entitlement to service connection for sleep apnea is granted. The issue of entitlement to service connection for a lower back condition is remanded.

The Veteran's appeals for increased ratings for right ankle, right knee, and lumbar spondylolisthesis have been denied. The claim of service connection for an acquired psychiatric disorder is REMANDED due to inadequate opinions regarding causation and aggravation.

The Veteran's claims for service connection for migraine headaches, hemorrhoids, cervical spine disability, lumbar spine disability, right knee disability, and left knee disability are granted. The appeals for service connection for these conditions are remanded due to the need for additional examinations and opinions.

The Veteran's claim for a higher rating for his lumbar spine disability is remanded due to the inadequacy of the October 2019 VA examination and the significant time since the last examination.

The Veteran's claims for increased ratings and service connection are being remanded due to the submission of additional VA treatment records not previously considered by the AOJ.

The Veteran's service-connected disabilities, including his broken nose, headaches and sinusitis, right foot conditions, and lumbosacral strain, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU on both an extraschedular basis prior to March 13, 2023, and on a schedular basis since that date.

The Veteran's lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome is currently rated at 20 percent, which does not meet his claim for a higher rating.

The Veteran's claim for a rating in excess of 20 percent for his lumbar spine condition is denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable rating criteria. Additionally, the Veteran was granted TDIU based on his service-connected disabilities.

The Board has remanded the claims due to incomplete certification of the appeal, additional VA medical records submitted after the October 2019 SOC, and the need for clarification on right foot surgery history. The Veteran's claims will be readjudicated.

The Veteran's initial increased rating for chronic lumbar strain with spondylosis is being remanded due to the lack of substantial compliance with previous Board directives regarding a retrospective estimation of his range of motion during flare-ups.

The Board has remanded the Veteran's claims of service connection and increased rating for his back condition, left hip condition, right hip condition, and migraine headaches due to scheduling issues with VA examinations. The TDIU claim is also remanded.

The Veteran's claims for abdominal muscle strain, constipation, and OSA have been denied as she does not have current diagnoses of these conditions.,Her low back disorder (claimed as scoliosis/lordosis) is remanded due to the need for additional medical examination and opinion regarding its etiology.,The Veteran's right and left knee disorders are also remanded, with a focus on determining their relationship to service-connected shin splints.

The Board denied service connection for a left shoulder disability and a lumbar spine disability, finding that the evidence did not support a nexus between these disabilities and service or service-connected conditions.

The Veteran's spinal stenosis with degenerative disc disease of the lumbar spine is granted a 40 percent rating, effective May 22, 2012.

The Veteran's lower back and right hip disorders are being remanded for further examination to determine if they are related to his military service or his service-connected left knee disability.

The Board has denied the Veteran's claims for service connection for right arm condition, neck condition, back condition, peripheral neuropathy of the bilateral lower extremities, and skin condition.