Back / lumbar spine decisions — 2023

The Board has decided to remand the Veteran's claims for lumbar spine degenerative disc disease, right piriformis syndrome, sciatic nerve, and related hip conditions due to insufficient evidence. The claims are being returned to the RO for additional development.

The Veteran's rotoscoliosis of the lumbar spine and degenerative disc disease L4-S1 with spinal stenosis, right knee strain, and bilateral lower extremity radiculopathy are all granted as service connected.,Bilateral hearing loss is denied.

The appeal for service connection for sleep disturbance, including sleep apnea is dismissed. The rating in excess of 70 percent for PTSD with other specified depressive disorder is denied and the case is remanded for further development.

The Veteran's claim for a temporary total disability rating based on convalescence due to surgery for left ganglion cyst removal is denied. The Board also remanded the claims for service connection, ratings in excess of 10 percent for left ankle and lumbar spine disabilities, and a rating in excess of 20 percent for pes planus, left.

The Veteran's acquired psychiatric disorder, including anxiety and depressive disorders, is granted. The Board finds the VA examiner's opinions along with Dr. A.A.'s positive nexus opinion persuasive in granting service connection for an acquired psychiatric disorder. The issues of entitlement to a higher rating for right knee strain, as well as service connection for lower back condition, cervical arthritis with spondylotic changes, and left arm neuropathy are remanded due to the need for additional medical opinions.

The Veteran's lumbosacral strain with degenerative arthritis is currently rated at 20 percent, but the Board finds that a higher rating is not warranted due to lack of evidence showing forward flexion of the thoracolumbar spine of 30 degrees or less.,Right lower extremity radiculopathy of the sciatic nerve has been assigned a separate 10 percent rating throughout the appeal period, and the Board finds that a higher rating is not warranted.

The Board dismissed the appeals for service connection of intervertebral disc syndrome and left knee osteoarthritis due to the appellant's withdrawal.

The Board denied the Veteran's claim for service connection for a low back condition, finding that there is no persuasive evidence linking his current condition to his military service.

The Veteran's low back disability is currently rated at 40 percent, effective May 1, 2014. The RO has granted a temporary total rating for convalescence following surgery.,The Veteran's service-connected low back disability warrants an increased rating to 40 percent from May 1, 2014.

The Veteran's claims for increased ratings and TDIU were denied. The rating for the low back disability was denied prior to September 23, 2002, from June 22, 2022 forward, and for left lower extremity radiculopathy from May 22, 2009 forward. The Veteran's neck disability claims were also denied.

The Board has dismissed the appeals for increased ratings for lumbar strain and right shoulder strain, as well as service connection for an acquired psychiatric disorder other than unspecified anxiety disorder (claimed as depression). The Veteran withdrew his appeal in writing before the decision was made.

The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of the appeal by his representative.

The Veteran's claims for increased ratings for DDD of the thoracolumbar spine and peripheral neuropathy of the sciatic nerve are being remanded due to insufficient examination findings. The case will be returned for further evaluation.

The Board has remanded the case due to inadequate examination and lack of substantial compliance with previous instructions. The Veteran's back pain is related to her military service, but the VA examiner's opinion was not sufficient for a decision.

The Board has granted service connection for a low back disability and a bilateral knee disability, both found to be secondary to the Veteran's service-connected right and left foot disabilities.,Service connection was denied for bilateral hearing loss as there is no current evidence of a hearing loss disability.

The Board has determined that the Veteran's back disability is due to his in-service duties and grants service connection for this condition.

The Veteran's appeal is remanded for additional medical opinions regarding his tinnitus, traumatic brain injury, and related conditions. The claims are also remanded to schedule the Veteran for VA examinations to assess the severity of his service-connected disabilities.

The Veteran's back condition may have worsened since his last VA examination, and he has developed bilateral lower extremity radiculopathy symptoms. The Board finds a remand is necessary to afford the Veteran another examination.

The Board has remanded the Veteran's claims for entitlement to service connection for a neck disability and an upper back disability due to inadequate VA opinions. The Veteran contends his disabilities are related to in-service incidents, but the Board finds the VA opinions insufficient.

The Board denied service connection for cervical and lumbar spine conditions, finding no evidence of a nexus between the conditions and active service.