Back / lumbar spine decisions — 2023

The Board has denied service connection for a lumbar spine disorder, finding that the Veteran's current condition is not related to his active military service and does not meet the criteria for presumptive or secondary service connection.

The Veteran's low back condition is rated at 40% effective June 1, 2017. Right and left lower extremity radiculopathy are each rated at 20%. The effective dates for these ratings have been granted.

The Board denied the Veteran's claim for service connection for his back condition, finding that there is no evidence of a chronic disability related to his active duty service.

The Board has remanded the claims for bilateral knee disability, back disability, acquired psychiatric disability (MDD), and bilateral lower extremity neuropathy due to potential issues with the adequacy of the examinations provided.,These matters are being returned to the VA examiners or appropriate medical providers for further evaluation and opinion regarding the etiology of the claimed conditions.,The Veteran's service records show multiple instances of knee and back complaints during his active-duty service, which may impact the determination of whether these disabilities are related to service.

The Veteran's claims for service connection for a lumbar spine disorder, bilateral ankle disorders, right wrist disorder, arthritis of the hands, and bilateral leg disorders have been granted. The remaining issues are being remanded for further review.

The Board denied the Veteran's claims of service connection for alexia, cervical disc disease, lumbar spine disorder, and sleep apnea, finding that there was no evidence to support a current diagnosis or etiology related to these conditions.

The Board denied the Veteran's claim for revision of the June 1969 rating decision on the basis of clear and unmistakable error (CUE) to reflect an initial compensable rating for chronic lumbar strain, finding that the correct facts were not before the adjudicator at the time of the decision.

The Veteran's claims for higher initial ratings for lumbar spondylosis with a lumbar strain and IVDS, right hip disability, limitation of flexion, right hip DJD are being remanded due to the need for clarification on ranges of motion provided in the January 2022 VA examination reports.

The Veteran's claims for service connection for a psychiatric disability (including PTSD and alcohol use disorder) and a lumbar spine disability are being remanded due to the failure to schedule VA examinations as requested in previous decisions.

The Veteran's claim for a groin disability has been reopened and granted. The Board finds that the Veteran had a current diagnosis of major depressive disorder with alcoholism and substance abuse, which is service-connected.,Service connection for arthritis of the thoracolumbar spine was established based on direct evidence showing degenerative changes in the spine during service.

The Board has remanded the claims for a low back disability and bilateral foot disability due to the Veteran's request for a personal hearing after receiving the supplemental statement of the case.

The Veteran's service-connected degenerative disc disease with spinal stenosis is granted. The Board also remanded the cases for further development regarding pinched nerve and burning pain on the right side.

The Veteran's service connection claim for a lumbar spine disability, diagnosed as low back pain, is granted due to the evidence being in equipoise regarding whether it is causally related to his military service.

The Board has remanded the Veteran's claims for hypertension, bowel and gastrointestinal conditions, hepatitis C in remission, sinusitis, allergies (allergic rhinitis), skin disability (eczema, dermatitis, or lichen planus), unspecified joint pains, generalized degenerative arthritis, bilateral carpal tunnel syndrome, back disability, right lower extremity disability, left lower extremity disability, right knee arthritis, left knee arthritis, left wrist disability, and finger condition for further development.

The Veteran's back disability is rated at 40 percent prior to March 27, 2023 and 10 percent thereafter. The left lower extremity radiculopathy is rated at 20 percent effective January 17, 2015. The earlier effective date for the right lower extremity radiculopathy is granted from April 22, 2018. The rating for the right hip disability remains denied.

The Veteran's right lower extremity radicular symptoms have been moderately severe throughout the appeal period, and he is granted a disability evaluation of 40 percent. The left lower extremity radicular symptoms have also been throughout the appeal period but do not meet the criteria for a higher evaluation.

The Board has remanded the cases for further development due to concerns about Gulf War Syndrome and the Veteran's inability to attend VA examinations.

The Board has remanded the claims for service connection for neurological disabilities of various extremities due to insufficient development and evidence.

The appeals for service connection and increased rating for tension headaches are dismissed. The appeal seeking service connection for lumbosacral strain is also dismissed.

The Board has granted reopening of service connection for right foot pes planus and left foot pes planus, finding that the pre-existing conditions increased in severity during service. Service connection is also granted for back disability (arthritis), right wrist arthritis, left wrist arthritis, right ankle arthritis, left ankle arthritis, tinnitus, and bilateral ear hearing loss.