Back / lumbar spine decisions — 2023

The appeals seeking to reopen service connection claims for diabetes mellitus and sleep apnea on the basis of new and material evidence have been dismissed.,New and material evidence has been received, allowing the application to reopen the claim of entitlement to service connection for a back disorder. The issue is remanded.

The Board has granted service connection for the Veteran's back disability but has remanded the claim for a neck disability, as it is unclear whether the current neck condition pre-existed service or was aggravated by the service-connected back disability.

The Veteran's claim for service connection for a back disability is being remanded due to the need for an examination and updated treatment records.

The Veteran's claims for hypertension and bilateral hernias have been dismissed. The previously denied claims of service connection for DJD of the thoracic/lumbar spine, bilateral knees, prostatitis, and GERD have been reopened due to new evidence. Service connection is granted for DJD of the thoracic/lumbar spine, cervical spine, left knee, and right knee.

The Board has granted service connection for bilateral hearing loss, but the issues of service connection for sleep apnea, acquired psychiatric disorder (to include anxiety and depression), osteoarthritis of the right ankle, osteoarthritis of the left ankle, and lumbar spine strain with degenerative disc disease are remanded. The Veteran's TDIU claim is also remanded.

The Board has granted service connection for degenerative arthritis of the spine with lumbar spine mild compression fracture, finding that the Veteran's current disability is related to his active duty service.

The Veteran's appeals for service connection for lumbar spine degenerative disc disease and unspecified depressive disorder are dismissed as moot due to the Board granting these issues in a June 2023 decision under the AMA appeal system.

The Board has remanded the claims for service connection for a lumbar spine disability and lung disability due to the Veteran's inability to attend VA examinations. The cases are now pending for further review.

The Board has granted service connection for bilateral lower extremity radiculopathy, adjustment disorder, tension headaches, and erectile dysfunction as secondary to the Veteran's service-connected lumbar myositis, herniated nucleus pulposus of L3-L4, and bulging annulus L1-L2.,The decision also remanded the issue of entitlement to service connection for cervical spine disability.

The Veteran's service-connected lumbar spine disability and right lower extremity radiculopathy have been granted initial ratings of 40 percent and 20 percent, respectively, effective April 17, 2014.

The Board has remanded the Veteran's claims due to new and pertinent VA treatment records and VA examinations being added to the claims file. The AOJ is instructed to review these additional documents in the first instance.

The Veteran's claims for service connection and increased ratings for various conditions, including knee disabilities, are being remanded due to the need for additional development of his medical records.

The Veteran meets the schedular criteria for TDIU, but his service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Board has granted service connection for lumbar spine arthritis and right knee disorder, and has awarded a 20 percent rating for the Veteran's right ankle degenerative arthritis. The TDIU claim is remanded.

The Board has denied earlier effective dates for the grants of service connection for left shoulder strain with degenerative joint disease, neck disorder, and lower back disorder. The Veteran's claims were received on June 18, 2015, and January 28, 2016, respectively.,The Board has also remanded the issues of service connection for obstructive sleep apnea (OSA), erectile dysfunction, and cognitive impairment secondary to posttraumatic headaches and PTSD.

The Veteran's claim for service connection for left lumbar radiculopathy (claimed as sciatica) is granted. A rating of 20 percent is granted for the lumbar spine disability, effective August 18, 2020. The Veteran also receives a grant of a 100 percent rating for Meniere's disease.

The Board has remanded several claims for additional development, including those related to the lumbar spine disability, right knee disability, left hip disabilities, and gastroesophageal reflux disease (GERD).

The Veteran's lumbar spine disability, sciatic and femoral radiculopathy in both lower extremities, and TDIU/SMC claims are all remanded for further development.

The Board has remanded the Veteran's claims for additional development due to inadequate musculoskeletal examinations.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include sinusitis, eye disability, acquired psychiatric disability (claimed as depression), left shoulder disability, low back disability, left hip disability, right hip disability, left leg disability, right leg disability, left knee disability, right knee disability, and left foot disability.