Back / lumbar spine decisions — 2023

The Board has determined that the Veteran's lumbar spine degenerative disc disease is not related to his active service, and therefore denied the claim for service connection.

The Veteran's lumbar spine disability and PTSD have been granted service connection, with the lumbar spine disability receiving a 70% rating.

The Veteran's service-connected disabilities have resulted in a combined rating of 100 percent. As the Veteran does not meet the criteria for an award of special monthly compensation, as no disability is considered 100 percent disabling, plus an additional separate disability or disabilities combining to 60 percent disabling, his TDIU claim has been dismissed as moot.

The Board has remanded the claims for service connection due to insufficient evidence and new information not previously considered.

The Board denied service connection for bilateral ankle, left knee, left elbow, and low back disorders due to a lack of evidence showing these conditions were incurred during active duty or within one year after discharge.

The Veteran's initial disability rating for thoracolumbar strain with compression fractures, degenerative disc disease, and osteoporosis was granted at a 40 percent level since January 18, 2017. A TDIU was also granted since that date.

The Veteran's claim for an earlier effective date for tinnitus is denied as the earliest effective date available has already been awarded.,The issue of an earlier effective date for adjustment disorder with depressed mood is dismissed due to withdrawal by the Veteran and his attorney.,New and material evidence has been received, reopening the previously denied claim of entitlement to service connection for a bilateral knee condition.,Service connection for right knee disability is remanded as VA examiner opinions are needed regarding the nature and etiology of the disability.,Service connection for left knee disability is remanded as VA examiner opinions are needed regarding the nature and etiology of the disability.,A rating in excess of 10 percent for service-connected adjustment disorder with depressed mood is remanded due to a need for an updated assessment of the Veteran's condition.,Rating in excess of 20 percent for service-connected lumbar spine degenerative disc disease and related radiculopathy (sciatic nerve) is remanded as VA examiner opinions are needed regarding the severity of these disabilities, including whether they manifest ankylosis or functional equivalent thereof.,The Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities is remanded.

The Board has remanded the cases for further development due to procedural issues and need for additional medical opinions.

The Veteran's bilateral hearing loss and left knee arthritis are granted service connection. The lumbar spine disability, right sciatica, left sciatica, and respiratory disability claims are denied. Service connection for coronary artery disease secondary to PTSD is also denied.

The Veteran's back disability is remanded for further examination and review to determine the appropriate rating, as the previous examinations did not adequately address pain and functional loss.

The Veteran's requests to reopen claims for service connection for an acquired psychiatric disorder, a low back condition, and left knee arthralgia have been granted. The cases are remanded for further development.

The Board has remanded the claims for service connection for right knee, left knee, and back conditions due to insufficient medical opinions addressing the etiology of these conditions. The Veteran's private chiropractor provided an opinion linking his bilateral knee condition to a motor vehicle accident during service.

The Board denied service connection for bilateral hearing loss, neck injury residuals, low back injury residuals, and right and left leg radiculopathy due to a lack of evidence linking these conditions to service.,Service records do not show any complaints or diagnoses related to the claimed disabilities until years after separation from active duty.

The Board has dismissed all claims for service connection due to the Veteran's withdrawal of his legacy appeals.

The Veteran's lumbar spine disability is currently rated at 20 percent from August 24, 2015 to October 6, 2020. The Board has remanded the issue for a new examination and opinion regarding whether the Veteran should be granted higher ratings based on ankylosis or unfavorable ankylosis of the thoracolumbar spine.

The Board has found that the Veteran does not have a current respiratory disorder separate from OSA, and thus service connection for this condition is denied. The remaining issues of service connection for right knee disability, left knee disability, lumbar spine disability, and hemorrhoids are remanded due to insufficient evidence.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for his low back disability and for service connection for right lower extremity radicular symptoms due to inadequate examinations and raised issues that have not been addressed.

The Board has denied the Veteran's claim for service connection for a shoulder disability as secondary to his service-connected back and radiculopathy of the lower extremities. The issues of increased rating for degenerative arthritis of the thoracolumbar spine, service connection for keloid scarring on face, and service connection for hands shaking, bilateral are all remanded due to insufficient evidence.

The Veteran's claim for service connection for a low back disability was denied. The Board found no new and material evidence to reopen the claim, resulting in denial. The claims of entitlement to an increased rating for PTSD and TDIU are remanded.

The Veteran's OSA is granted as secondary to her service-connected PTSD with obesity. The ratings for her neck and back disabilities remain at 20 percent.