Back / lumbar spine decisions — 2023

The appeal for service connection for a deviated septum has been dismissed. The claims for low back disability, obstructive sleep apnea (OSA), sinusitis, GERD, narcolepsy with cataplexy, eczema, and PFB scars have all been reopened due to new evidence received since the final rating decisions.

The Board has remanded the cases for further development and evaluation, including obtaining updated VA treatment records, scheduling a new examination to assess the severity of the lumbar spine disability, and determining whether a TDIU is warranted due to service-connected disabilities.

The Veteran's appeal is remanded for additional development regarding his service-connected PTSD, left foot disability, and other musculoskeletal conditions. The Board also notes that the Veteran's claim for a total disability rating based on individual unemployability (TDIU) is remanded.

The Board has granted service connection for right knee degenerative arthritis, finding that the Veteran's current condition is related to his military service and manifested within one year of separation.,Service connection was denied for a lumbar spine disorder due to lack of evidence showing its onset during service or within one year post-service. The Veteran's current sleep apnea claim was also denied as there was no diagnosis found in the medical records.

The Board has decided to remand the Veteran's claim for a back disability due to an inadequate medical opinion in the previous VA examination. The case is being sent back for further evaluation and clarification of whether the current lumbosacral strain is related to the pre-existing asymptomatic scoliosis or if it represents a separate condition.

The Veteran's thoracolumbar strain with degenerative changes is rated at 10 percent prior to September 11, 2020 and in excess of 20 percent thereafter. The initial rating for left lower extremity radiculopathy (sciatic) since September 18, 2015 has been granted.

The Veteran's service-connected thoracolumbar spine disability was granted effective from December 7, 2010. Effective August 12, 2014, the Veteran's right and left lower extremity radiculopathy were also granted as secondary to his thoracolumbar spine disability.,The Veteran's service-connected cervical strain received a 30% rating effective from December 7, 2010. The Veteran's service-connected headaches received a 50% rating effective April 1, 2014.

The Veteran meets the schedular criteria for TDIU prior to September 1, 2018, due to his service-connected disabilities preventing him from engaging in substantially gainful employment.

The Board has remanded the issues of entitlement to service connection for bilateral hip disability, right hip disability, left hip disability, and right leg shortening due to secondary to service-connected low back disability.

The Board has remanded the claims for service connection for psychiatric disorders, lumbar spine disability, cervical spine disability, right leg disability, and pulmonary embolism due to inconsistencies in reported stressors and conflicting medical opinions. Additional development is needed to verify a specific suicide stressor and obtain new nexus opinions.

The Veteran's petition to reopen his service connection claim for back conditions is granted. The Board finds that the evidence received since the January 1985 rating decision raises a reasonable possibility of substantiating the claims, and thus grants the petition. However, the case is remanded due to insufficient medical opinion regarding the etiology of the Veteran's current back conditions.

The Board has remanded the claims for a low back, left shoulder, and right shoulder disabilities as secondary to service-connected cervical spine disability due to additional evidence being added to the record.

The Veteran's appeal is REMANDED for additional development, including obtaining VA medical records and scheduling the Veteran for appropriate VA examinations to assess his orthopedic conditions. The TDIU claim will also be referred to the Director, Compensation Service, for extraschedular consideration.

The Veteran's application to reopen claims for service connection for back disability, dental disability for compensation purposes, tinnitus (secondary to headaches and status post cerebral concussion), higher ratings for headaches and status post cerebral concussion, and TDIU due to service-connected disabilities has been remanded. The VA is required to obtain additional treatment records and schedule the Veteran for examinations to determine the current severity of his service-connected conditions.

The Veteran's claim of increased rating for a left knee disability is denied as he withdrew his appeal without good cause. The Board also remanded the issue of TDIU due to service-connected disabilities.

The Board denied service connection for various conditions, including GI disorder, DM, heart disorder, back disorder, kidney disorder, RUE neuropathy, LUE neuropathy, RLE neuropathy, and LLE neuropathy. The Veteran's symptoms were not found to be related to his military service or a service-connected disability.

The Board has remanded the Veteran's claims for carpal tunnel syndrome of the right hand and intervertebral disc syndrome with cervical spine degenerative disc disease (claimed as chronic neck pain) due to a lack of adequate medical opinions regarding whether these conditions were aggravated by service.

The Board has granted a 40 percent evaluation for the Veteran's sclerosis of the left sacroiliac joint disability, but has remanded issues related to fecal and urinary incontinence as well as TDIU.

The Board has granted a 20 percent rating for lumbosacral strain, which is the maximum available under VA regulations.

The Veteran's claim for an earlier effective date for the award of service connection for chronic thoracolumbar strain was denied as there is no evidence of a prior informal claim before August 31, 2017.,Service connection for left ear hearing loss was granted based on in-service noise exposure and current hearing loss.