Back / lumbar spine decisions — 2023

The Veteran's low back disability is rated at 40 percent from February 1, 2016 to November 22, 2022. The claim for increased ratings for bilateral lower extremity radiculopathy affecting the femoral nerves remains in appellate status.

The Veteran's claims for rhinosinusitis and chronic allergic conjunctivitis have been denied as there is no evidence of current conditions or a link to service.,The Veteran's lumbosacral strain, left shoulder rotator cuff injury, and migraine headaches are remanded due to the need for additional medical opinions.

The Veteran's claims for service connection for a left shoulder disorder and sleep apnea were denied. The claim for an initial rating higher than 10 percent for the lumbosacral strain prior to November 19, 2015 was denied, but he is now granted a 40 percent rating from that date onward.

The Veteran's lumbar spine disorder is rated at 40 percent since March 22, 2018.,The Veteran's left side sciatica is rated at 40 percent since March 22, 2018.

The Veteran's PTSD is rated at 70 percent, and the Board denied a higher rating. The Veteran was granted TDIU based on her service-connected disabilities.

The Veteran's service connection claims for left knee, right knee, and low back disabilities are granted. Additionally, his claim for hypertension due to in-service herbicide exposure is granted under the PACT Act.,Service connection is established for bilateral knee and low back arthritis as they began during active service.

The Veteran's disability rating for lumbosacral strain and degenerative disc disease was increased to 20 percent effective December 21, 2021.

The Board has remanded the cases for further development and consideration due to insufficient evidence or need for additional medical opinions.

The Veteran's lumbosacral strain was evaluated at various stages with ratings ranging from 10% to 40%. The Board found that the evidence did not support a higher rating for any of these periods.

The Board has granted service connection for diabetes mellitus, type II and bilateral upper extremity peripheral neuropathy as due to herbicide exposure. The Veteran's lumbar spine disability is also rated at the maximum allowable under VA guidelines.

The Board has denied the Veteran's claims for service connection for left ankle disability and back disability. The case is being remanded to obtain additional medical opinions regarding the etiology of the Veteran's back disability, specifically addressing whether it is proximately due to or aggravated by his service-connected knee disabilities.

The Veteran's appeals have been withdrawn, and the appeal is dismissed for all issues except SMC at the housebound rate. The claims for increased ratings and service connection are dismissed due to withdrawal by the Veteran's attorney. The claim for SMC at the housebound rate is denied as the Veteran does not meet the criteria with his current disability rating.

The Board denied the Veteran's claims for earlier effective dates for service connection of various knee, hip, and nerve conditions. The reduction in rating for right knee osteoarthritis from 20% to 10% was also found improper.

The Board has decided to remand the case due to inadequate development, specifically regarding a new medical examination for service connection of a low back disability. The Veteran's lay statements and in-service records indicate he experienced back pain during service and after separation.

The Veteran's hiatal hernia, hemorrhoids, bilateral varicose veins, right index finger injury, left ring finger injury, anxiety disorder, PTSD, lower back disability, bilateral hip disability, right ankle disability, and right shoulder and clavicular fracture are all remanded for further examination and evaluation.,Service connection is also being remanded for the Veteran's anxiety disorder, PTSD, lower back disability, bilateral hip disability, right ankle disability, right shoulder and clavicular fracture, and carpal tunnel syndrome.

The Board has ordered the remand of three issues related to the Veteran's TBI, left knee disability, and low back disability. The claims are being returned due to incomplete VA treatment records for Jamaica Plains VA Medical Center and insufficient qualifications of the examiner who conducted the July 2022 examinations.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional evidence is needed to decide these issues.,A VA examination and opinion are required to determine if any current heel condition, hearing loss, or back condition is related to military service.

The Board has remanded the Veteran's claims for bilateral hip disorder, thoracolumbar spine disorder, and cervical spine disorder due to inadequate medical opinions. The VA will obtain new medical opinions addressing whether these conditions are related to service or a service-connected disability.

The Board has decided to remand the case due to insufficient consideration of lay evidence and a need for further medical examination.

The Board has determined that additional development is needed for the issues of service connection for a right foot disorder, right hip disorder, and low back disorder. The case is being remanded to allow for further examination and opinion.