Back / lumbar spine decisions — 2023

The Veteran's claims for increased ratings and service connection have been remanded due to the need for further development. The current ratings for his lumbar spine conditions are denied, while he is granted a separate rating for right lumbar radiculopathy.

The Veteran's claims for PTSD, degenerative arthritis and spondylolisthesis of the lumbar spine, and a breathing problem have been dismissed as there is no evidence to support these claims.

The Veteran's lumbar spine disability is rated at 20 percent for the period prior to April 5, 2017, and at 40 percent thereafter. The rating of 20 percent for the period prior to April 5, 2017, was granted based on forward flexion limited to 30 degrees or less during flare-ups. A higher rating is denied as there is no evidence of unfavorable ankylosis.

The Veteran's service connection claim for coronary artery disease is granted due to the PACT Act presumption. Claims for low back, neck, left ankle, and right ankle disabilities are denied.

The Board denied service connection for a low back disorder, gastroesophageal reflux disease (GERD), and brain lesion as these conditions were not shown to be related to service.

The Veteran's acquired psychiatric disorder is restored to a 30 percent rating effective October 31, 2016. Effective dates for increased ratings for other conditions are denied.

The Board has granted service connection for back disability based on a finding of clear and unmistakable error (CUE) in the October 1971 rating decision, which denied service connection due to spondylolysis being considered a congenital defect. The correct facts were not before the AOJ at that time, as there was evidence showing the condition had worsened since enlistment. Service connection is granted with an effective date of April 16, 1971.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, depressive disorder, GAD, and panic disorder is granted. The claims for prostate cancer, back condition, right knee condition, and sleep disorder are remanded.

The Board has granted service connection for a back disability as secondary to the Veteran's service-connected right foot healed stress fracture with degenerative arthritis.

The Board has granted service connection for diabetes mellitus type 2 and lumbar spine disorder, but has remanded the claims for hearing loss, tinnitus, and cervical spine disorder due to insufficient evidence.

The Board has denied the Veteran's claim for service connection for lumbar degenerative disc disease and status post L1 compression fracture of the spine, finding that there is no evidence to support a link between his current condition and active duty service.

The Board has determined that the Veteran's claims for higher ratings for his low back disability and right knee disabilities are remanded due to further development being required.

The Board has determined that additional development is necessary prior to final adjudication of the issues remaining on appeal, including obtaining VA medical opinions and updating records.

The Board has granted service connection for a neck disability (cervical spine) and a low back disability (lumbar spine), finding that the evidence is approximately evenly balanced as to whether these disabilities began during active military service.

The Veteran's claims for service connection for left knee, right knee, and back disabilities have been reopened. The Board has determined that the evidence received since the January 2014 final rating decision is new and material to reopen these claims. However, the claims are still being remanded due to inadequate VA examination opinions.

The Board has determined that the Veteran's claims for service connection are remanded due to the need for additional medical examinations and evaluations.

The Board has remanded the claims for service connection for a neck disability, back disability, and jaw disability due to new evidence submitted by the Veteran.

The Veteran's back disability is currently rated at various levels, and the Board has determined that a remand is necessary to obtain an adequate VA examination to assess the severity of her condition.

The Veteran's appeals to reopen his previously denied claims for right knee condition and back conditions have been dismissed due to the Veteran's withdrawal of these appeals.

The Board has reopened the claim for service connection for a low back condition due to new evidence showing ongoing back pain since service. The left knee arthritis claims are remanded as additional evidence indicates worsening and recent surgery.