Back / lumbar spine decisions — 2023

The Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation prior to June 1, 2022.

The Board has remanded the Veteran's claims for increased ratings and effective date determinations due to new evidence being added to his file. The issues include an increased rating for lumbar strain with intervertebral disc syndrome, an increased rating for hemorrhoids, and a determination of an effective date for the 10 percent rating for hemorrhoids.

The Veteran's claims for service connection for various joint disabilities, including right shoulder glenohumeral degenerative arthritis, left shoulder glenohumbral degenerative arthritis, bilateral hand osteoarthritis, and bilateral knee, wrist, back, elbow, and hip disabilities manifested by pain are granted. The claim for secondary service connection for hypertension is remanded.

The Board has remanded the case for further development and readjudication due to new evidence being added to the record. The Veteran's claim for a higher rating for low back strain is on hold until this process is completed.

The Board has decided to remand the case due to incomplete service treatment records and issues related to the Veteran's lumbar spine disorder, including its potential pre-service origin and aggravation during periods of active duty.

The Board has granted service connection for the Veteran's back disability, diagnosed as degenerative arthritis of the lumbar spine and lumbar disc herniation, finding that it had its onset during service.

The Veteran's service connection claim for right ear hearing loss is denied as his current condition does not meet the criteria for a compensable disability under VA regulations.,For lumbar strain with DDD, a rating in excess of 10 percent prior to September 27, 2022, and in excess of 30 percent thereafter is denied. The Veteran's claim is based on direct service connection.

The Board denied service connection for obstructive sleep apnea, cervical spine disability, and lumbar spine disability due to a lack of evidence linking these conditions to the Veteran's active military service.

The Board has decided to remand the case due to inadequate medical opinion regarding whether the Veteran's preexisting scoliosis was aggravated during service, and for a new VA examination.

The Veteran's appeals for increased ratings have been dismissed as he has withdrawn his appeal in writing, indicating satisfaction with the awarded benefits.

The Board has denied increased ratings for headaches, herniated discs of the lumbar spine, status-post fracture of right ankle, and scar of right ankle as a matter of law due to failure to report for scheduled VA examinations. The mood disorder claim is remanded due to incomplete VA treatment records.

The Board has denied the Veteran's claim for service connection for a back condition, finding that there is not sufficient evidence to establish a link between his current condition and his military service.

The Veteran's PTSD rating was increased to 50% from December 15, 2015. The low back disability claim is being remanded for further development.

The Veteran's left knee patellofemoral pain syndrome and left knee instability are granted with a disability rating of 30 percent effective December 17, 2019. The lumbar spine disability remains at a 40 percent rating.

The Veteran's claims for service connection for degenerative disc disease of the lumbar spine and cervical spine have been reopened, but both conditions are denied as they did not manifest within one year after separation from service and there is no evidence linking them to service.

The Veteran's service-connected degenerative arthritis, intervertebral disc syndrome, and spondylolisthesis of the lumbar spine (claimed as low back pain) is granted. The right lower extremity radiculopathy secondary to these conditions is also granted.

The Veteran's initial claim for a lumbar spine disability was granted, and he received a 10% rating. In December 2012, his disability rating was increased to 40%. Additionally, a separate 10% rating was assigned for left lower extremity radiculopathy from June 3, 2004, through June 28, 2010.

The Veteran's appeals for service connection on the issues of residuals of a stroke, arthritis of the hands and fingers (to include rheumatoid arthritis), left ankle disorder, and thoracolumbar spine disorder have been remanded due to additional development being necessary.

The Veteran's service-connected disabilities require the regular aid and attendance of another person as he is unable to perform daily activities independently due to his physical impairments.

The Veteran's tinnitus is granted as service connected. The cervical spine, lumbar spine, right hip, left hip, and kidney disabilities are remanded for further development.