Back / lumbar spine decisions — 2023

The Veteran's lumbar spine and cervical spine disabilities are granted service connection, but his sleep apnea is denied. The case for the cervical spine disability is remanded.

The Board has dismissed the appeal regarding entitlement to service connection for a low back disorder and sleep apnea due to their withdrawal by the Veteran's authorized representative. The remaining issues of rating PTSD, including whether the reduction was proper, and TDIU are being remanded for further review.

The Veteran's appeals for service connection on multiple conditions have been remanded due to the legacy appeal system not being opted into the modernized review system.

The Veteran's appeal for increased ratings for right shoulder, bilateral wrist, and lumbar spine disabilities is being remanded due to inadequate examination reports that do not account for the functional impact of flare-ups.

The Veteran's claims for service connection for various peripheral neuropathies and a neck disability have been denied as there is no evidence of a nexus between the claimed conditions and active duty service.,Service connection was not granted for essential thrombocythemia, neck disability, back disability, left upper extremity peripheral neuropathy, right upper extremity peripheral neuropathy, left lower extremity peripheral neuropathy, or right lower extremity peripheral neuropathy.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's back disability. The case will be returned for further development and an addendum opinion from a qualified examiner.

The Veteran's service-connected disabilities, including his lumbar spine disability and radiculopathies, have rendered him unable to secure or follow a substantially gainful occupation prior to July 16, 2021. The Board has granted TDIU for this period.

The Board has remanded the case due to an inadequate VA medical opinion regarding whether the Veteran's service-connected orthopedic disabilities caused or aggravated his back disability. The matter is now for further development and a new examination.

The Veteran's lumbar spine disability was evaluated at a maximum of 10 percent prior to October 27, 2022, and at a maximum of 40 percent from that date.,An initial evaluation in excess of 10 percent for right lower extremity radiculopathy affecting the sciatic nerve is denied.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his lumbar spine condition and whether he has separate disabilities in his left and right lower extremities that are secondary to his service-connected lumbar spine condition.

The Veteran's claims for increased ratings for lumbosacral strain with intervertebral disc syndrome and associated left lower extremity radiculopathy are being remanded due to the need for a new VA examination.

The Board has granted service connection for lumbosacral spine degenerative arthritis with degenerative disc disease, finding that the Veteran's current disability is at least as likely as not caused by his military service. The other issues on appeal are either denied or remanded.

The Board has remanded the Veteran's claims of increased ratings for his low back, left knee, and right knee disabilities due to incomplete examination findings and failure to consider the use of medication during flare-ups.

The Board has remanded the Veteran's claims for an acquired psychiatric disorder due to MST and a back disability. The claims will be reviewed with additional development, including obtaining verification of in-service stressors and conducting VA examinations.

The Veteran's right ring finger disability is rated as noncompensable, and the claim for a compensable rating is denied.,The Veteran's lumbar spine disability is rated at 40 percent prior to August 3, 2020, and the claim for an increased rating is denied. The claim for an initial rating of 30 percent from August 3, 2020, is granted.,The Veteran's cervical spine disability is rated at 30 percent prior to August 3, 2020, and the claim for a higher rating is denied. The claim for a higher rating from August 3, 2020, is also denied.

The Board has remanded the case due to lack of proper compliance with VA examination requirements and for further development, including a new VA examination.

The Board has reopened the claims for service connection for right hip, left hip, and right knee disabilities secondary to a service-connected left knee total arthroplasty. However, these claims have been denied as there is no evidence showing that the current conditions are related to active service or the service-connected condition.

The Board has remanded the claims for service connection due to incomplete verification of the Veteran's periods of active duty for training (ADT) and inactive duty for training (IDT).

The Board has remanded the case for further development and medical opinions regarding service connection for various conditions, including a thoracolumbar spine disorder, lower extremity pain, psychiatric disorders, hip, and knee issues.

The Board has remanded the claims of entitlement to service connection for low back, left knee, and right knee disabilities due to insufficient consideration of the Veteran's lay statements regarding his in-service injuries. The VA is directed to obtain relevant medical records and schedule the Veteran for a new examination to determine the nature and etiology of these disabilities.