Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for service connection for various disabilities, including right knee disability, cervical spine disability, lumbar spine disability, bilateral shoulder and arm disabilities, bilateral hand disabilities, and residuals of a head injury. The remand requires an addendum opinion to address whether any diagnosed pre-existing right knee disability was aggravated by service or had its onset during service.

The Veteran's death was caused by metastatic esophageal cancer, which is presumed to have originated during service due to herbicide exposure. Service connection for the cause of death and esophageal cancer has been granted.

The Board has remanded the Veteran's claims of service connection for right eye disability, low back disability, left ankle disability, and right ankle disability due to lack of a VA examination.

The Veteran's radiculopathy and low back disorder are rated at separate 20 percent ratings. The Board has granted a 40 percent rating for each lower extremity, but has remanded the case to determine if a higher rating is warranted for his low back condition.

The Board has granted earlier effective dates for the Veteran's MDD and lumbar spine disability ratings, as well as his TDIU eligibility. The Veteran's claims are now effective as of March 15, 2012.

The appeal for service connection for right median sensorimotor neuropathy, diabetes mellitus, left and right shin splints, cataracts, deviated septum, depression, a right elbow disorder, and a heart disorder has been dismissed.,The claim for service connection for hypertension (secondary to PTSD) has been reopened due to new evidence submitted by the Veteran. The appeal is granted in part.,The claim for service connection for sleep apnea (secondary to PTSD) has been reopened due to new evidence submitted by the Veteran. The appeal is granted in part.,The claims for service connection for sinusitis and allergic rhinitis have been reopened due to new evidence submitted by the Veteran. The appeals are granted in part.

The Veteran's claim for service connection for a lumbar spine disability was reopened and granted. The claims for increased ratings for right and left knee PFPS were dismissed, and the Veteran's PTSD rating was restored to 100% effective September 1, 2016. The issue of an earlier effective date for TDIU remains pending.

The Veteran's claim for an evaluation in excess of 30 percent for PTSD prior to September 13, 2019, and in excess of 50 percent after that date has been withdrawn.,Service connection is granted for bilateral hearing loss due to exposure to hazardous noise during service.

The Board has remanded the Veteran's claims for service connection and initial rating determinations due to a lack of VA examiners' CVs, as well as scheduling issues with previous examinations. The Veteran will be provided with new VA examinations.

The Veteran's PTSD with Persistent Depressive Disorder was denied an increased rating from June 4, 2015 to July 12, 2022.,The Veteran's PTSD with Persistent Depressive Disorder was denied an increased rating from July 12, 2022 forward.,The Veteran's Lumbosacral Strain with Degenerative Arthritis, Spondylosis, and Intervertebral Disc Syndrome (IVDS) was denied an increased rating from December 28, 2016 to September 9, 2022.,The Veteran's Left Lower Extremity Radiculopathy was denied an increased rating from September 9, 2022 forward.,The Veteran's Right Knee Meniscus Tear/Repair and Residual Osteoarthritis was denied an increased rating from November 1, 2013 to June 27, 2022.,The Veteran's Left Knee Meniscus Tear/Repair and Residual Osteoarthritis was denied an increased rating from November 1, 2013 forward.,The Veteran's Left Knee Symptomatic Residuals of Semilunar Cartilage Removal was denied an increased rating from September 9, 2022 forward.

The Board has granted service connection for a left hip disability, but denied service connection for thoracolumbar spine, cervical spine, right knee, and left knee disabilities. The decision also remanded the issue of service connection for a right hip disability.

The Veteran's low back condition and left shoulder condition are granted as service-connected.,The Veteran's chronic stomach condition (claimed as residuals of appendix removal) and GERD are remanded for further examination and opinion.,The Veteran's allergic rhinitis is remanded for a VA opinion regarding its preexistence in service.

The Veteran's claim for a higher rating for his service-connected back disability is remanded due to the need for updated VA examinations and consideration of new evidence.

The Board has denied service connection for lumbar spine, right shoulder, left shoulder, right foot, and left foot conditions. The remaining issues of service connection for right hip, left hip, right knee, and left knee conditions are remanded.

The Veteran's thoracolumbar spine disability was not rated higher than 10 percent prior to May 1, 2018 and from May 1, 2018. The cervical spine disability was not rated higher than 20 percent prior to May 1, 2018 and from May 1, 2018.,The Veteran's thoracolumbar spine disability is now rated at 20 percent from May 1, 2018. The cervical spine disability remains rated at 20 percent from May 1, 2018.

The Board has granted the Veteran's requests to reopen his claims for service connection for a cervical spine disability, bilateral hearing loss, and right great toe disability. The cases are being remanded due to the submission of new evidence after the issuance of the Statement of the Case.

The Board has determined that another remand is necessary to address the issues of aggravation and direct service connection for low back disorders.

The Veteran's claims for an initial compensable rating for residuals of closed fifth metatarsal fracture of the left foot, service connection for obstructive sleep apnea secondary to PTSD with severe alcohol use disorder, service connection for a lumbar spine disorder, and service connection for a right knee disorder are all remanded due to the need for additional examinations and opinions.

The Board has remanded the case due to incomplete examination and insufficient medical opinions regarding the Veteran's low back condition. The Veteran's service connection claim for a low back condition is being returned for further evaluation.

The Board has remanded the case due to incomplete range of motion measurements in the August 2022 VA examination report. Additional testing is needed, including weight-bearing and non-weight-bearing range of motion.