Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for service connection for a back disability and right shoulder disability due to insufficient medical opinions addressing continuity of symptomatology.

The Board has remanded the claims of service connection for an eye disability, left elbow disability, lumbar spine disability, and bilateral ankle disabilities due to a failure to properly notify the Veteran in accordance with 38 C.F.R. § 3.159(c)(2).

The Veteran's PTSD has been granted a 70 percent rating, effective June 27, 2019.,Since September 20, 2019, the Veteran's chronic lumbar strain disability has been rated at 20 percent, with an effective date of September 20, 2019.

The Board granted initial ratings of 10% for right and left ankle disabilities, and a 20% rating for low back disability during the entire period on appeal.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions and missing records. The back disability claim is remanded, as are the foot condition and radiculopathy claims which are inextricably intertwined with the back disability claim.

The Board granted service connection for a low back disorder incurred during active duty, but denied claims for sleep apnea and foot disorders. The appeal is remanded for further development regarding the foot disorder.

The Veteran's claim for service connection for obstructive sleep apnea is denied as there was no diagnosis of the condition.,The Veteran's claim for a compensable rating for bilateral hearing loss is denied due to non-diagnosed symptoms and lack of evidence supporting a higher disability level.,The Veteran's claim for an earlier effective date for a 30% rating for GERD with nutcracker esophagus is dismissed as moot, but the issue of service connection for erectile dysfunction and lumbar spine disability remains remanded.,The Veteran's claims for service connection for erectile dysfunction (secondary to his service-connected conditions) and lumbar spine disability remain pending and are being remanded for further evaluation.

The Board has denied the Veteran's claim for service connection for a thoracolumbar spine condition, finding that the evidence does not support a finding of in-service incurrence or aggravation and is more persuasive against a secondary relationship to his service-connected varicose veins and diabetes.

The Board has remanded the Veteran's claims for service connection for various disabilities, including back disability, right knee and left knee disabilities, left hip disability, rhinitis, sinus headaches, loss of sense of smell, and loss of sense of taste. The remand requires obtaining private treatment records from Drs. L. and B., scheduling VA examinations to assess the Veteran's claimed conditions, and providing medical opinions on the relationship between service, including exposure to herbicide agents, and the Veteran's disabilities.

The Board has denied the Veteran's claim for an effective date prior to June 6, 2017 for a 40 percent rating for his low back disability. The case is remanded for further development regarding the rating in excess of 40 percent.

The Veteran's service-connected disabilities do not render him unemployable, as he is still working and has provided no evidence of unemployment.

The Veteran's lumbar strain with arthritis is rated at 40 percent from April 15, 2013 to September 4, 2018. From December 1, 2018 to December 31, 2018, he received a temporary total evaluation due to convalescence following surgery. The Veteran's claim for higher ratings beyond these periods was denied.

Your appeal for service connection of degenerative arthritis of the thoracolumbar spine has been dismissed due to your death during the pendency of this appeal.

The Board has remanded the Veteran's claims for service connection for arthritis, chronic lumbar pain, and severely damaged feet due to incomplete development of his service records. The Veteran will need further examination and opinion regarding the relationship between his current conditions and military service.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to service-connected lumbar DDD and LLE femoral radiculopathy. The case is being returned for further development, including a new VA examination.

The Veteran's hearing loss does not meet the criteria for a compensable rating. The Board finds that service connection for low back disability, left shoulder arthritis, and right shoulder arthritis has not been met due to lack of evidence linking these conditions to service.

The Veteran's claims are being remanded due to the need for additional development, including obtaining SSA records and private treatment records.

The Board has remanded the issues of service connection for low back disability and bilateral knee disabilities (prior to September 2022) due to incomplete records and need for further examination.

The Board has found that remand is required to obtain an updated VA examination for the Veteran's lumbar spine and radiculopathy disabilities due to worsening symptoms since her last examination in March 2019.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for various knee conditions and other musculoskeletal disorders. The Veteran is required to provide additional medical records from private providers that have been scanned into VISTA imaging system.