Back / lumbar spine decisions — 2023

The Veteran's claims for tinea pedis/unguium, a skin condition of the face (previously claimed as burns to face), lumbosacral sprain, bilateral foot condition, bilateral ankle condition, and pelvic muscle strain are all remanded due to lack of recent VA examinations addressing current nature and severity of these conditions.

The Board has denied service connection for neck, right arm, back, bilateral hip, right knee, and left ankle disorders as they are not shown to be causally or etiologically related to any disease, injury, or incident during service.

The Veteran's initial claim for a higher rating for his back disability was denied prior to May 4, 2016. After that date, he received a 40% rating effective January 10, 2023.,For left lower extremity radiculopathy, the Veteran received a 10% rating prior to January 2, 2015 and a 20% rating after January 2, 2015. A higher rating is denied for both periods.

The Board has decided to remand the claim of service connection for a low back disability due to insufficient compliance with previous remands and the need for an additional medical opinion.

The Board has decided to remand the case due to the need for a VA examination regarding the Veteran's low back disorder. The examiner is requested to determine if the Veteran currently has a low back disorder that manifested in service or is related to his military service, and whether it was caused by or aggravated by his service-connected cervical spine disorder.

The Board has denied service connection for left foot disorder and remanded the issue of service connection for lumbar disorder.

The Veteran's back brace caused wear and tear to her clothing, but the knee brace did not. The skin condition causing damage to clothing is not service-connected.

The Veteran's claim for right ear hearing loss is denied as he does not have a current ratable disability.,His right shoulder disability is rated at 30 percent, but the Board finds no basis to grant a higher rating.

The Board has determined that more development is needed to determine the nature and etiology of the Veteran's heart disorder, specifically whether he had ischemic heart disease during his lifetime. The claim for service connection for ischemic heart disease remains on appeal.

The Board has denied service connection for cervical spine, lumbar spine, right knee, left knee, and left foot disabilities, as well as shin splints, peripheral neuropathy of the lower extremities, and headaches. The claims are based on a lack of evidence linking these conditions to service.

The Veteran's low back disability is granted service connection and rated at 30 percent.,The Veteran's right shoulder disability is granted an increased evaluation to 30 percent.

The Board has remanded the Veteran's claims for service connection for a low back disability and chronic fatigue syndrome due to the need for additional VA and private treatment records, as well as consideration of potential toxic exposure under the PACT Act.

The Board has remanded the claims for additional development due to inadequate development in obtaining private treatment records from Dr. J.E.L., Dr. E, and other providers.

The Board has remanded the claims for an extraschedular rating for service-connected lumbar spine degenerative joint disease and entitlement to a total disability rating based upon individual unemployability (TDIU) prior to October 31, 2006 due to procedural issues.

The Veteran's claim for an initial rating of 40 percent for lumbar spine degenerative disc disease has been granted. During flareups, the Veteran's forward flexion most nearly approximates 30 degrees or less.

The Veteran's claims for increased evaluations of his service-connected chronic headache disorder, PTSD, and lumbosacral strain with arthritis are being remanded due to the need for updated VA examinations.

The Veteran's appeals for higher ratings for his bilateral upper extremity and back disabilities were denied. The rating for ulnar nerve entrapment at elbow (left upper extremity) was denied as the disability did not meet the criteria for a greater than 20 percent rating. Similarly, the rating for carpal tunnel syndrome and ulnar nerve entrapment at elbow (right upper extremity) was also denied. The rating for low back strain with degenerative changes was denied due to lack of evidence showing severe incomplete paralysis or ankylosis.

The Board has remanded the claims for a lower back disability and TDIU due to service-connected disabilities because the VA examiner's opinion is inadequate. The opinion failed to consider the Veteran's statements about his symptoms and progression of his condition.

The Board has remanded the Veteran's claims for service connection for back, left knee, and right knee disabilities due to inadequate medical opinions. The Veteran is asked to submit or authorize VA to obtain records from private providers who have treated him for these conditions since service.

The Veteran's service-connected degenerative joint disease of the right knee with patellar spur is denied a rating greater than 10 percent. The claims for lumbosacral spine disability, cervical spine disability, left shoulder disability, bilateral hip disability, and peripheral neuropathy of the bilateral lower extremities are all denied as not related to service.