Back / lumbar spine decisions — 2023

The Veteran's claims for service connection for bilateral foot disabilities, cervical spine disability, lumbar spine disability, bilateral lower extremity radiculopathy, bilateral shoulder disabilities, and bilateral knee disabilities are dismissed. The remaining issues of service connection have been remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the nature and etiology of his hip, knee, spine, and neurological disorders. The VA will obtain additional medical records and provide the Veteran with new examinations to address these issues.

The Veteran's claim for a higher rating for his lumbar spine disability prior to December 11, 2013 was denied. The Board found that the evidence did not show findings consistent with a higher, 20 percent rating under the General Formula prior to December 11, 2013.

The Board has remanded the Veteran's claims for service connection and increased rating of bilateral pes planus due to insufficient medical evidence regarding the onset and etiology of his claimed disabilities, particularly left knee disability. The Veteran is also required to undergo VA examinations to determine the nature and etiology of his inguinal hernia, left elbow, left knee, neck, and back disabilities.

The Veteran's increased rating claim for her service-connected residuals of disk bulge, L5-S1, degenerative arthritis of the thoracolumbar spine is being remanded due to insufficient evidence from a previous VA examination.

The Veteran's appeals for service connection were dismissed due to the Veteran withdrawing his appeals for bilateral sinus condition and TBI. The appeals for bilateral foot, lower back, and right knee conditions are remanded.

The Board has remanded the Veteran's claims for additional examinations and opinions to determine the current severity of his service-connected conditions, as well as whether there is a relationship between his low back condition and his service-connected left foot disability.

The Veteran's appeals for service connection were dismissed due to their death. The Board has no jurisdiction to adjudicate the merits of these claims as they are now deceased.

The Veteran's appeal for hypertension was dismissed. The eye disorder claim was denied, but the heart disorder claim was granted and reopened based on new evidence. The thoracolumbar spine disability and associated neurological abnormalities were also granted and reopened. The left ear hearing loss claim was denied.

The Veteran's appeals for increased ratings and earlier effective dates have been withdrawn.,The Veteran's appeals for increased ratings and earlier effective dates have been withdrawn.,The Veteran's appeals for increased ratings and earlier effective dates have been withdrawn.,The Veteran's appeal for an earlier effective date has been withdrawn.,The Veteran's appeal for an earlier effective date has been withdrawn.,New evidence has been submitted to reopen the service connection claim for obstructive sleep apnea, but further review is needed before a decision can be made.,The Veteran's service connection claim for hypertension remains pending and requires additional development.,The Veteran's service connection claim for gastroesophageal reflux disease (GERD) remains pending and requires additional development.,The Veteran's service connection claim for a neck disability remains pending and requires additional development.,The Veteran's service connection claim for traumatic brain injury (TBI) remains pending and requires additional development.

The Veteran's claim of service connection for a traumatic brain injury (TBI) was denied due to the lack of current diagnosis and no evidence linking his symptoms to active duty. The claim for TDIU was also denied as the Veteran's service-connected disabilities did not render him unemployable.

The Veteran's arthritis of the lumbar spine is rated at 20 percent prior to August 10, 2020 and at 40 percent thereafter. Separate ratings of 20 percent are granted for weakness of both lower extremities due to arthritis of the lumbar spine from May 5, 2023.

The Veteran's service-connected lumbar spine disability, left and right lower extremity radiculopathy, and major depressive disorder with anxious distress have been granted. The initial rating for the major depressive disorder has been increased to 50 percent.

The Veteran's lumbar spine disability has not resulted in unfavorable ankylosis of the entire thoracolumbar spine or the functional equivalent, and thus a rating in excess of 40 percent is denied.

The Board has determined that the Veteran's increased rating claims for cervical and lumbar spine disabilities need to be remanded due to the need for updated VA examinations.

The Veteran's appeal is remanded for additional examinations to assess the severity of his service-connected left femur, left knee, left ankle, left leg shortening, and back disabilities. The VA examiner should provide a full description of the Veteran's disabilities and report all signs and symptoms necessary for evaluating the Veteran's disabilities, including under the rating criteria.

The Veteran's claims for a compensable rating for bilateral hearing loss, service connection for gastritis, mental condition (presumably PTSD or similar), migraine headaches, nausea associated with gastritis, and low back disability have been dismissed. The claim for right shoulder disability based on arm limitation of motion prior to July 18, 2016, has also been dismissed.

The Veteran's claims for service connection were denied. The Board found that the evidence did not meet the criteria for service connection, except for a grant of entitlement to a separate compensable evaluation for radiculopathy of the left lower extremity.

The Board has remanded the claims for lumbar strain, respiratory condition, menstrual symptoms, and sleep disorder (OSA) due to additional development being necessary.

The Board has determined that the Veteran's service connection claims for low back, right ankle, right shoulder, and knee disabilities are remanded due to inadequate nexus opinions.