Back / lumbar spine decisions — 2023

The Veteran's claims for service connection for a dental condition (specifically bruxism) and a back disability have been remanded due to the need for additional examinations and records.

The Veteran's claim for a rating in excess of 20 percent for his back disability is denied. The most probative evidence shows that the Veteran's back disability does not meet the criteria for a higher evaluation based on limitation of motion or ankylosis.

The Veteran's erectile dysfunction is not service-connected and denied.,A rating in excess of 20 percent for right shoulder impingement syndrome, to include rotator cuff tear, is denied.,A rating in excess of 10 percent for lumbosacral strain/spine and intervertebral disc syndrome prior to March 22, 2023, is denied. From March 22, 2023, a rating in excess of 40 percent is also denied.,A rating of 40 percent for sciatic nerve radiculopathy, left lower extremity, and a rating of 40 percent for sciatic nerve radiculopathy, right lower extremity, are granted.

The Board has remanded the cases for further development and to obtain addendum opinions regarding the etiology of the Veteran's back disorder, bilateral hearing loss, and tinnitus.

Service connection for a left knee condition, erectile dysfunction (ED), and migraines has been denied.,The Veteran's lumbar spine and upper back conditions have been remanded for further review.

The Board has dismissed all claims of service connection for various conditions as the Veteran died during the appeal process.

The Board has decided to remand several issues related to the Veteran's claims, including those for right wrist laceration residuals, back disability, pseudofolliculitis barbe hyperpigmentation residuals, diabetes, sleep apnea, and a right hand injury. The decision also mentions that VA should attempt to obtain Social Security Administration records relevant to the Veteran's claim.

The Board has remanded the Veteran's claims for service connection for low back and bilateral hip disabilities due to inadequate medical opinions in a prior decision. The VA examiner must address whether these conditions are related to active duty service, delayed post-traumatic manifestations of injuries sustained during service, or caused by his service-connected right knee disability.

The Veteran's neck disability is rated at a 20 percent rating effective February 10, 2021. The rating for the inguinal hernia was remanded.

The Board has remanded the Veteran's claims for service connection for a right knee disability and a back disability, as secondary to a right knee disability due to incomplete records. The VA will obtain additional medical records and provide an addendum opinion on the etiology of the right knee disability and another VA examination regarding the nature and etiology of the back disability.

The Veteran's claim for a higher rating of spine disability has been denied. The Board found the evidence did not support a rating in excess of 10 percent prior to May 21, 2018, and in excess of 20 percent thereafter. His claim for service connection for plantar fasciitis was remanded due to insufficient opinions from VA examiners.

The Veteran's service-connected disabilities, including fibromyalgia and lumbar spine disability, rendered her unable to secure and maintain substantial gainful employment as of May 30, 2012. The Board granted a TDIU effective from that date.

The Board has granted service connection for neck, low back, right shoulder, left shoulder, and left knee disabilities. The left ankle disability is also granted as arthritis.

The Veteran's low back disability is rated at 40 percent, effective January 21, 2020. The radiculopathy of the right lower extremity remains under review.

The Board has granted an effective date of July 15, 2013 for the award of Total Disability Rating Based on Individual Unemployability (TDIU) due to the Veteran's service-connected disabilities. The portion of the decision that dismissed entitlement to an earlier effective date prior to December 6, 2016, is vacated.

The Veteran's death was not due to willful misconduct, but his death was not the result of a condition that he had been rated as totally disabled for at least 10 years prior to his death. The appeal is remanded to obtain outstanding treatment records.

The appeal for service connection for a low back disability is dismissed.,Service connection for coronary artery disease and hypertension are granted due to exposure to herbicide agents, with the PACT Act providing presumptive service connection for hypertension. Service connection for PTSD is also granted based on in-service combat experience.,Remanded issues: service connection for fragment wounds to the left arm, right arm, and head.

The Veteran's claim for increased ratings for his thoracolumbar spine disability and TDIU prior to July 13, 2012 is being remanded due to the need for further development.

The appeal for service connection for degenerative arthritis is dismissed. The appeals for service connection for cold injury residuals to the feet, lumbosacral strain, gastrointestinal condition, acquired psychiatric disorder, and hypertension are all remanded.

The appeal for Chronic Fatigue Syndrome was dismissed.,The application to reopen the claim for Degenerative Joint Disease with IVDS of the Lumbar Spine is granted, and service connection is established.,The application to reopen the claim for Sleep Apnea is granted, and service connection is established as secondary to PTSD.