Back / lumbar spine decisions — 2023

The Board has determined that the VA examination provided in August 2023 is inadequate and remands for further development, including obtaining an addendum opinion addressing the severity of the Veteran's low back disorder throughout the appeal period.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's lumbar spine degenerative arthritis, type II diabetes mellitus, hypertension, and obstructive sleep apnea. The claims are being remanded for further examination and opinion.

The Board dismissed the service connection claims for back and neck disabilities due to the appellant's withdrawal of the appeal.

The Veteran's lumbar spine disability is rated at 20% prior to April 3, 2023, and at 40% from that date. He also has service connection for left and right lower extremity radiculopathy associated with his lumbar spine disability. The TDIU claim was remanded.

The Veteran's service-connected musculoskeletal conditions have been granted based on chronic wear and tear in service.,Bilateral hearing loss was not established for VA purposes.

The Veteran's lumbar spine disability has been rated at 20 percent since January 6, 2015. The Board granted a higher rating for her condition.

The Veteran's appeal for a higher disability rating for his back disability was denied. The current rating of 20 percent is the highest allowed under VA guidelines.

The Veteran's appeal for an earlier effective date for depression was denied as the claim was not filed within one year of the final denial.,Service connection for right hip degenerative joint disease and back disability were both denied due to lack of evidence showing a current disability or a relationship to service.

The Veteran's appeal of the issue regarding her cervical condition has been withdrawn, and thus the case is dismissed.

The Board has remanded several issues related to the Appellant's service connection claims, including tinnitus and PTSD. The character of discharge determination is also remanded. Other specific disabilities are also being reviewed for potential service connection.

The Veteran's claims for higher ratings for his thoracolumbar spine and right knee disabilities are being remanded due to the need for additional medical opinions regarding range of motion testing and other relevant factors.

The Board has remanded the cases due to incomplete development related to the Veteran's lumbar spine surgery and increased rating claims. The AOJ is instructed to obtain missing medical records from the Campbell Clinic, validate the VA Form 21-4142, and then readjudicate both issues.

The Board dismissed the appeals for various compensable rating claims due to the Veteran's withdrawal of his appeal.

The Board denied service connection for the Veteran's claimed lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to a lumbar spine disability due to lack of evidence showing onset or relationship to service.

The Veteran's lumbosacral strain with intervertebral disc syndrome (claimed as low back condition) is rated at 20 percent prior to February 28, 2018, and remains at 20 percent during the period on appeal.,Radiculopathy of the left leg and right leg are each rated at 20 percent prior to February 28, 2018, and remain at 20 percent during the period on appeal.

The Board has granted service connection for degenerative arthritis of the lumbar spine, right hand degenerative arthritis, left knee degenerative arthritis and strain, right foot contusion, and right great toe disability manifested by pain. The decision is based on credible lay evidence showing continuous symptoms since separation from active duty.

The Veteran's claims for initial compensable and higher ratings for right hip stress fracture, limitation of flexion; impairment of abduction, adduction and rotation; and lumbar spine degenerative arthritis are being remanded due to a duty to assist error. The missing physical therapy records from the February 2020 VA examination need to be obtained.

The Veteran's claim for PTSD was denied in April 2004, and the effective date of service connection is being denied prior to April 29, 2014.,Claims for various foot conditions, ankle conditions, wrist condition, low back condition, knee conditions, hip condition, bronchitis, sleep apnea, hypertension, and headaches were all denied.

The Veteran's urinary incontinence disability is rated at 40 percent effective December 2, 2022.,Earlier effective dates of October 8, 2016, are granted for the service-connected urinary incontinence, lower back condition; thoracic (mid) back pain; lumbago, radiculopathy, left lower extremity, and bursitis, left ankle.

The Veteran's claims for increased ratings and a total disability rating based on individual unemployability are being remanded due to the need for additional VA examinations and the failure to obtain relevant medical records.