Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for further development due to issues with the receipt of a Supplemental Statement of the Case (SSOC) by his representative.

The Veteran's appeal for an increased rating for his service-connected back disability has been dismissed as he requested the VA to cancel his current appeals.

The Board has determined that the Veteran's claims for service connection, a rating in excess of 10 percent prior to December 9, 2019, and TDIU are remanded due to unclear evidence regarding her cardiac disability and inadequate range of motion testing on her lumbar spine examinations.

The Board has decided to remand the Veteran's claim for service connection of a lower back condition due to incomplete records and inadequate examination. The Veteran is required to provide additional private treatment records, including those from Wauka Mountain Clinic, and lay statements supporting her claims.

The Board has granted service connection for degenerative joint disease of the right and left knees, degenerative disc disease of the lumbar spine, sciatica secondary to the lumbar spine condition, and residuals of a right hand ring finger laceration. The Veteran's conditions are related to parachute jumps during active service.

The Veteran's disability rating for lumbosacral strain was reduced from 40% to 20%, effective January 1, 2018. The reduction of ratings for left and right lower extremity sciatic radiculopathy is also granted.

The Board has decided that the Veteran does not have a current left ear hearing loss disability for VA purposes and denied service connection. The back disability issue is remanded due to insufficient rationale in the previous opinion.

The Board has remanded the claims for compensable ratings and service connection due to new evidence being submitted after the last decision. The RO will review this evidence and issue a supplemental statement of the case if necessary.

The Board has remanded the Veteran's claims of service connection for lumbar spine and left shoulder disabilities due to incomplete service treatment records. The RO is instructed to obtain all relevant records, including from National Guard service, and provide addendum opinions after x-rays are obtained.

The Veteran's PTSD is rated at 70 percent, effective November 3, 2015.,A higher rating for PTSD is denied.

The Veteran's claim for a higher rating for his lumbar spine disability has been granted, with the effective date set at January 31, 2023. The maximum schedular rating of 40 percent is now in effect.

The Veteran's claim for service connection for cephalgia has been granted. The Board found that the evidence is approximately evenly balanced as to whether this disability had its onset in service.,The Veteran's claim for an increased rating for residual surgical neck scar was denied. The Board noted that there is no basis upon which to grant a compensable rating for her current condition.

The Veteran's cervical spine degenerative disc disease and radiculopathy of the upper extremities are rated at 30 percent, effective September 7, 2020. The status post left shoulder rotator cuff repair is denied.

The Veteran's application to reopen his previously denied service connection for DMII was granted. The Board has determined that the Veteran should be scheduled for VA examinations and remanded for further development of his claims for bilateral hearing loss, low back pain, left ankle condition, tinea pedis, sinusitis, COPD, and DMII.

The Board has remanded the case for further consideration due to inadequate VA examinations and deficiencies in the January 2022 decision. The Veteran's service-connected lumbar spine, left knee, and right knee disabilities are at issue.

The Board has remanded the case due to an inadequate December 2019 VA examination, which concluded that there are no chronic back conditions diagnosed in service. The Veteran's representative argues for a new medical examination regarding a causal relationship between the back disability and service.

The Board has remanded the case for an addendum opinion to determine the nature and etiology of the Veteran's right knee disability, accounting for all instances of right knee pain while in service.

The Board denied the Veteran's claims for service connection for bilateral plantar fasciitis, right knee disability, left knee disability, low back disability, and shoulder disabilities due to a lack of evidence linking these conditions to his military service.

The Veteran's lumbar spine disability was previously rated at 40 percent, and the Board denied a higher rating as it did not meet the criteria for an increased rating.

The Veteran's service-connected conditions do not meet the criteria for a TDIU under 38 C.F.R. § 4.16(a) prior to May 26, 2021. The issue of entitlement to a TDIU on an extraschedular basis is referred to the Director, VA Compensation Service.