Back / lumbar spine decisions — 2023

The Board has found that the RO substantially complied with the January 2023 Board remand directives. The Veteran's claims for bilateral knee disabilities, low back disability, and left ankle disability are being remanded due to inadequate examination reports.

The Veteran's claim for increased evaluation of right knee chondromalacia patella with degenerative arthritis was granted, effective May 15, 2018.

The Veteran's claim for a higher rating for degenerative arthritis of the thoracolumbar spine and right lower extremity radiculopathy was denied. The Board found that the evidence did not support a rating in excess of 10 percent for either condition.

The Veteran is unable to obtain or maintain substantially gainful employment due to his service-connected disabilities, including knee and back conditions.

The Veteran's claims for increased disability ratings for left upper extremity radiculopathy and left leg lumbar radiculopathy have been remanded due to insufficient evidence. The Board found that the current ratings do not fully reflect the severity of his symptoms.

The Veteran's claim for an increased rating for his service-connected lumbar spine condition was denied as the evidence did not show that it is factually ascertainable that an increase in disability occurred prior to September 29, 2017.,The Veteran's claim for earlier effective date for service connection for bilateral hearing loss was dismissed because it raised a freestanding claim and there are no valid freestanding claims for earlier effective dates.,The Veteran's claim for an earlier effective date for the grant of service connection for left and right extremity radiculopathy was denied as the evidence did not show that it is factually ascertainable that the Veteran had symptoms of radiculopathy prior to September 29, 2017.

The Veteran's effective date for service connection of PTSD and a 40 percent rating for low back disability is granted as of August 16, 2008.

The Board has denied the Veteran's claims for service connection for left knee osteoarthritis and lumbar degenerative joint disease, finding that there is no evidence of a nexus between these conditions and her military service.

The Board has jurisdiction over the Veteran's Legacy appeal and finds that a SOC must be issued for the issues of service connection for various conditions.

The Veteran's degenerative disc disease of the cervical spine is related to her in-service motor vehicle accident, and the Board has granted service connection for this condition.

The Veteran's service-connected disabilities, including right knee patellar instability and other orthopedic conditions, have rendered her unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU claim based on these service-connected disabilities.

The Board has remanded the cases due to non-compliance with previous instructions and additional development is required.

The Board has remanded several issues, including service connection for sleep apnea and chronic fatigue syndrome/fibromyalgia. The Veteran's TDIU claim is also being remanded.

The Board has remanded the case due to non-compliance with prior remand directives and an inadequate VA opinion. The Veteran's back disability is being reviewed again for service connection.

The Board has remanded the issues of service connection for a bilateral hearing loss disability, increases in staged ratings for sacroiliac injury and weakness with intervertebral disc syndrome (back disability), a rating in excess of 20 percent for right lower extremity femoral nerve radiculopathy, and a rating in excess of 20 percent for right lower extremity sciatic nerve radiculopathy. The issues are also remanded to obtain additional medical records and provide the Veteran with another VA examination.

The Board has determined that more contemporaneous examinations are needed for the Veteran's service-connected PTSD with persistent depressed disorder and major depressive episode, lumbar spine disability, and left lower extremity radiculopathy. The issues of increased ratings for these conditions are being remanded.

The Board has remanded several issues related to the Veteran's claims, including effective date determinations and service connection for various disabilities. The appeal remains in appellate status.

The Board has denied service connection for a heart disability and remanded the remaining issues due to insufficient evidence. The Veteran's hip, rhinitis, foot conditions, and hypertension are all being evaluated further.

The reduction of the rating for the Veteran's service-connected thoracolumbar strain with degenerative joint and disc disease and moderate neural spinal stenosis from 40 to 10 percent was improper, as VA did not properly notify the Veteran of the proposed reduction. The appeal is granted.

The Veteran's right ankle disability and thyroid nodules (endocrine condition) claims are remanded for additional development. The left knee and lumbar disability secondary to service-connected conditions also need further examination and opinion.,The Veteran needs a new VA examination for her right ankle disability, as the previous examinations did not address functional loss during flare-ups or with repetitive use over time. She also requires a new VA endocrine examination to determine if she has an endocrine condition related to service. The left knee and lumbar disability claims need further evaluation by different examiners.