Back / lumbar spine decisions — 2023

The Veteran's bilateral eye traumatic angle recession with pigmentary dispersion, peripheral vestibular disorder, PTSD with TBI, lumbosacral strain, right shoulder degenerative joint disease, right knee strain, and right hip degenerative joint disease are all granted. The rating for the peripheral vestibular disorder is increased to 30 percent prior to June 15, 2022. The Veteran's PTSD with TBI remains at a 70 percent rating. The lumbosacral strain is rated at 20 percent. The right shoulder degenerative joint disease and right knee strain are both denied higher ratings. The right hip degenerative joint disease based on limitation of flexion is also denied.

The Board has determined that the Veteran's claim for service connection for bilateral hearing loss is denied. The claims for service connection for an acquired psychiatric disorder, tinnitus, a low back disability, and gastroesophageal reflux disease (GERD) are remanded.

From April 7, 2009 to September 15, 2022, the Veteran's service-connected back disability has been productive of functional limitations that have prevented him from securing or following substantially gainful employment.,Effective September 15, 2022, a TDIU is granted.

The Board has reopened the claim for service connection for degenerative disc disease and annular tear of the lumbar spine, which was previously denied. The Veteran's low back pain is related to his military service.

The Board found that the Veteran's service-connected disabilities did not render him unemployable, as his education and work history were considered. The evidence showed he could perform sedentary work despite his conditions.

The Board denied the Veteran's claims for service connection of a lumbar spine disability, right knee disability, and left knee disability. The evidence did not support a finding that these disabilities began during active service or were related to in-service injuries.

The Board has denied the Veteran's claims for service connection for a lumbosacral strain, bilateral knee disorder, headaches, sinus disorder, and gastrointestinal (GI) disorder. The Board found that there was no evidence of in-service incurrence or chronicity of these conditions, and the medical opinions provided did not support a nexus to service.

The Board has decided to remand the case due to insufficient consideration of the Veteran's lay statements regarding his symptoms in service and their connection to his current condition.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss, cervical spine disorder, and lumbar spine disorder due to procedural issues and the need for further development.

The Board has remanded the Veteran's claims for left shoulder disability and lumbar spine disability due to inadequate VA examination opinions. The Veteran contends that his disabilities are related to service, but the VA examiner found no evidence of a back injury during service and concluded that the conditions are more likely due to natural aging.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional medical opinions and compliance with proper notice requirements.

The Board has remanded the case due to a need for clarification on the etiology of the Veteran's lumbar spine disability, which may be related to his service or other factors.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of an in-service injury or disease and that any current condition is more likely due to natural aging process.

The Board has decided to remand the case due to insufficient medical opinion regarding the Veteran's spine disabilities and their relation to service. The case is returned for further development.

The Board has granted a 40 percent rating for the Veteran's low back disability, but remanded the issues of service connection for bilateral shoulder and hip arthritis.

The Board has remanded the claims for service connection for low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy due to inconsistencies in the medical opinions provided.

The Veteran's claims for increased ratings and other benefits were denied. The lumbar spine disability was rated at 100% during convalescence, then 40%. The left lower extremity radiculopathy of the femoral nerve was granted a 20% rating prior to January 5, 2022, but denied for higher ratings thereafter. The left lower extremity radiculopathy of the sciatic nerve was also granted a 20% rating prior to January 5, 2022, but denied for higher ratings thereafter. The lumbar spine surgical scar was rated at 10%. TDIU and SMC were not warranted prior to November 27, 2018.

The Board has remanded the restoration of service connection claims for cervical spine arthritis, lumbar spine arthritis, bilateral shoulder arthritis, right thumb arthritis, and scar formation due to insufficient medical opinions regarding their etiology. The Veteran's conditions may be related to his pre-existing polyarthralgia or osteoarthritis.

The Board has granted the Veteran's claim for TDIU from June 9, 2009, finding that his service-connected disabilities render him unable to secure or maintain substantially gainful employment.

The Veteran's back disability and bilateral lower extremity radiculopathy of the sciatic nerves have not resulted in a higher rating from March 10, 2014 to August 26, 2014, September 9, 2015 to May 10, 2020, and since May 1, 2021.,The Veteran's right and left lower extremity radiculopathy of the sciatic nerves have not resulted in a higher rating from May 1, 2021.