Back / lumbar spine decisions — 2023

The Veteran's PTSD is rated at 70 percent, effective September 27, 2014. His degenerative disc disease of the cervical spine and hypertension are each rated at 30 percent, also effective September 27, 2014.

The Board has decided to remand the Veteran's claims for neck and low back disabilities due to insufficient medical opinions regarding their onset in service.

The Board has remanded the Veteran's claims for service connection due to outstanding personnel records and potential exposure to contaminated water. Additional medical opinions are needed regarding the etiology of his lumbar spine, cervical spine, gastrointestinal disorders, GERD, kidney cancer residuals, and hand tremors.

The Board has granted the Veteran's claims for service connection for high blood pressure, sleep apnea, cervical spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy, pseudofolliculitis (now claimed as shaving profile), and upper extremity neurological condition. The claims are granted to the extent that they were not previously denied.

The Veteran's irritable bowel syndrome is granted service connection on a presumptive basis. The effective date for the 40% rating assigned for her lumbar spine disability is set at December 1, 2005. Her cervical and lumbar spine disabilities are granted higher initial ratings from the date of the March 2023 VA examination report.

The Board denied the Veteran's claims for service connection for traumatic brain injury, and initial ratings in excess of 10 percent for lumbar strain and degenerative disc disease with cervical strain. The evidence did not support current residuals of a TBI other than headaches, nor did it show functional impairment from these conditions.

The Board has remanded the case due to insufficient examination reports and need for further clarification on the Veteran's lumbar spine disability, specifically regarding functional ankylosis.

The Board has remanded the Veteran's claims for low back and neck disabilities due to potential issues with service connection, including a need for further examination and opinion regarding preexisting conditions.

The Veteran's claims for service connection for a back disability, erectile dysfunction, and left elbow disability have been denied. The claim for the back disability is being reopened due to new evidence, but it remains denied. The claims for erectile dysfunction and left elbow disability are also denied.

The Veteran's appeal is remanded for further development due to issues related to service connection and increased ratings for his lumbar spine disability and radiculopathy of the right lower extremity.

The Veteran's claim for a higher initial rating of 40 percent for degenerative joint disease of the lumbar spine, and separate ratings for right knee flexion limitation (10%) and extension limitation (10%), are granted. The Veteran also received a TDIU effective October 6, 2009.

The Veteran's claims for service connection were denied as the evidence did not meet the criteria for reopening and establishing new and material evidence. The Board also found that there was no evidence to support a finding of service connection for bilateral hearing loss.

The Veteran's claims for an increased rating for a lumbar disability and service connection for bilateral lower extremity radiculopathy are remanded due to the need for further development, including VA examinations.

The Board has remanded the claims for service connection for an acquired psychiatric disability, lumbar spine disability, and cervical spine disability due to insufficient medical opinions addressing the relationship between these disabilities and the Veteran's service-connected physical disabilities.

The Board has denied the Veteran's claims for service connection for a low back disorder and diabetes mellitus, type 2. The evidence does not support a finding that these conditions are related to his active military service.,There is no credible evidence linking the Veteran’s current low back or diabetes mellitus, type 2, to his period of service.

PTSD was granted as a new finding based on new and material evidence. Residuals related to a head injury, low back condition, and right hand osteoarthritis were denied.,Sleep apnea secondary to PTSD was remanded for further development.

The Veteran's service-connected disabilities require regular aid and attendance of another person due to functional limitations, but additional compensation under SMC(r)(1) or SMC(r)(2) is precluded as he does not meet the threshold requirement for consideration.

The Board has determined that further development is necessary for the Veteran's claims of increased disability ratings, service connection, and TDIU. The Veteran will need to undergo VA examinations to determine the current severity of his service-connected conditions.

The Veteran's claim for a higher rating for his service-connected degenerative joint and disc disease of the thoracolumbar spine is being remanded due to the failure to report for a VA examination. The case will be returned to the RO for further development, including scheduling another VA examination.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's lumbosacral spine disability and its relationship to service, service-connected disabilities, or any other relevant factors.