Back / lumbar spine decisions — 2023

The Veteran's claim for a higher rating for lumbosacral spine degenerative disc disease with strain residuals is being remanded due to the need for further evaluation by VA.

The Board has remanded the Veteran's claims for service connection due to an improper form being used in the initial appeal process.

The Board has restored the Veteran's disability rating for lumbar spine degenerative disc disease from 40% to 20%, effective November 1, 2017.

The Board has determined that the Veteran's current disabilities of the elbows, hands, and lumbar spine are due to service. Service connection is granted for these conditions.

The Veteran's claims for service connection for bilateral knee disorder and back disorder are being remanded due to the need for additional medical opinions.,An initial rating of 30 percent is granted for tension headaches prior to October 26, 2019.

The Veteran's increased rating claim for her service-connected lumbar disability is being remanded due to the need for a more detailed examination.

The Board found that the Veteran's back condition, including right mid-back strain with disc bulge and degenerative changes, did not have its onset in service or is otherwise related to a disease or injury during active-duty service.

The Board has granted a TDIU from August 23, 2016. However, the matter of entitlement to a TDIU prior to that date is remanded for further development.

The Board denied the Veteran's claims of service connection for back and neck disabilities, finding that there was no evidence to support a nexus between these conditions and his military service.

The Board has determined that the VA examinations and opinions are inadequate for determining medical nexus, particularly regarding whether the Veteran's service-connected disabilities caused or aggravated his cervical spine and low back disabilities. The Board also notes that additional private treatment records from the Veteran's chiropractor at Paulding Spinal Clinic may be needed to support the claims.

The Board denied the Veteran's claims for service connection for a back disability, an extraschedular rating for her right heel disability, and a rating in excess of 10 percent for her chronic rhinosinusitis.

The Board has found that there has not been substantial compliance with previous remand directives and requires another remand for a new VA examination to determine the etiology of the Veteran's lumbar spine disability.

The Veteran's claim for TDIU is denied as it is not factually ascertainable that an increase in the severity of his service-connected disabilities occurred within a year prior to December 17, 2015. The effective date for the grant of TDIU remains December 17, 2015.

The Veteran's claim for service connection for tinnitus is granted. The claims for service connection for bilateral hearing loss and low back disability are remanded.

The Board has granted service connection for right lower extremity radiculopathy as secondary to the Veteran's service-connected low back disability. The issue of entitlement to a TDIU prior to December 18, 2019, is remanded.

The Veteran's TDIU rating is granted from March 16, 2010.,VA has also granted DEA benefits effective from March 16, 2010.

The Veteran's claims for service connection for lower back condition and left knee condition have been granted. The claim for service connection for obstructive sleep apnea has been remanded, and the claim for service connection for acid reflux has also been remanded.,Service connection is established for a lower back condition and a left knee condition. However, additional development is needed to determine if the Veteran's obstructive sleep apnea and acid reflux are related to her service.

The Veteran's claims for joint pain, peripheral neuropathy, migrainous vertigo, and ulcerative proctitis have been reopened. Service connection has been granted for low back, neck, bilateral knee, left upper extremity radiculopathy, right upper extremity radiculopathy, left lower extremity radiculopathy, right lower extremity radiculopathy, migraines, and ulcerative proctitis.,The Veteran's elbow and wrist conditions, neuropathy, and dizziness/vertigo have not been evaluated yet. Further examination is required to determine the nature and etiology of these conditions.

The Veteran's claims for higher ratings for lumbar degenerative disc syndrome were denied as his disability did not meet the criteria for a rating greater than 10 percent prior to October 6, 2016, and a rating greater than 20 percent from that date.

The Veteran's GERD was granted an increased evaluation to 30 percent.,Other service connection issues are remanded for further development.