Back / lumbar spine decisions — 2023

The Board has dismissed the appeal for tinnitus as it was granted in a separate decision. The remaining claims of service connection for various disabilities are remanded due to the need for further medical examination and opinion.

The Veteran's left lumbar radiculopathy is granted a 40 percent rating effective June 16, 2017. The appeal for higher ratings was denied.

The Board has granted service connection for tinnitus, skin disorders of the face and low back, but denied service connection for right shoulder and left shoulder disorders.

The Board has decided to remand several issues related to the Veteran's claims, including those for a rating in excess of 20 percent for chondromalacia of the right knee with instability, service connection for lumbar spine condition, left hip condition, and sleep apnea.

The Board has denied the Veteran's claims for service connection for left shoulder disability, back disability, and left knee disability due to a lack of evidence demonstrating current disabilities or a causal relationship to service.

The Veteran's claim for increased ratings and TDIU was denied. The Board found that the Veteran's lumbar spine disability did not meet or approximate criteria for higher ratings under VA regulations.

The Veteran's claims for increased ratings of his back disability, right and left lower extremity radiculopathy are being remanded due to the need for additional development.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, is denied. The Board finds that the Veteran did not meet the criteria for a diagnosis of PTSD and his current psychiatric disabilities are not related to service. The matter of service connection for a low back disorder is remanded due to inadequate examination.

The Board has remanded the claims for service connection for fusion at L3-L4 with absence of L4 pedicle on the right and scoliosis of the thoracolumbar spine, as well as the initial disability ratings for lower extremity radiculopathy. The AOJ is instructed to obtain clarification from the December 2022 examiner regarding whether the Veteran was having a flare-up at the time of the examination and to provide new estimates of range of motion findings during such times.

The Board denied the Veteran's claim for service connection for a back condition, finding that there was no evidence of an in-service injury or chronic disability and noting that the lengthy period without treatment after discharge tends to weigh against a finding of in-service onset.

The Board has decided to remand the case for further examination and medical opinions regarding whether the Veteran's left knee disability is secondary to his service-connected right knee osteoarthritis and lumbar spine degenerative arthritis. The examiner must consider the impact of the Veteran's other conditions on his left knee.

The Board has decided to remand the Veteran's claims for prostate and back disabilities due to a lack of consideration of his lay statements regarding service connection.

The Veteran's claim for a higher rating for her service-connected acquired scoliosis of the thoracic spine was denied. Her claim for TDIU due to service-connected disabilities was granted.

The Board has decided to remand the case for additional development of medical evidence, including an addendum VA medical opinion. The Veteran's claim for service connection for a back disability is currently on appeal.

The Board has decided to remand four issues related to the Veteran's service connection claims and one issue regarding a TDIU prior to September 12, 2019. The main reasons for remanding are to obtain missing separation examination records and provide retrospective VA medical opinions on range of motion.

The Veteran's claims for increased ratings and service connection have been denied. The Board found no new and material evidence to reopen the left arm and right arm disability claims, and denied all issues of increased rating or service connection.

The Veteran's claims for service connection for left ear hearing loss, right ear hearing loss, tinnitus, diabetes mellitus, and low back disability have all been denied as there is no evidence of a current disability or a relationship to service.

The Veteran's claim for a higher rating for his thoracic spine condition is denied. His petition to reopen the neck condition claim was also denied.

The Veteran's lumbosacral strain was previously denied a rating in excess of 20 percent, and the appeal for a higher rating is now remanded.,Service connection for bilateral pes planus (including plantar fasciitis) remains pending due to insufficient evidence.

The Veteran's claim for PTSD was reopened, and service connection is granted.,Service connection is granted for an acquired psychiatric disability (including PTSD and bipolar disorder), with aggravation by service-connected conditions.,A rating in excess of 20 percent for lumbar spine disability is denied.,Initial ratings in excess of 20 percent for left lower extremity radiculopathy and right lower extremity radiculopathy are denied.,A rating in excess of 10 percent for right hip disability is denied.,The Veteran's claims for neck, seizure, and TDIU disabilities are remanded.,No effective date provided as the decision pertains to current service connection status.