Back / lumbar spine decisions — 2023

The Veteran's lumbar spine disability is currently rated at 10 percent for the period from September 19, 2008 to September 16, 2020 and remanded for further evaluation. The Veteran's lumbar spine disability warrants a rating higher than 10 percent.

The Veteran's claims for service connection have been reopened and are granted. The Board finds new and material evidence to support the reopening of his claims for back condition, bilateral hearing loss, tinnitus, and erectile dysfunction.

The Veteran's claims for service connection for tinnitus and bilateral hearing loss have been reopened, and both conditions are now granted. The appeal is also granted for the evaluation of left shoulder tendonitis and left clavicle spur, lumbar spondylosis and osteophytosis, irritable bowel syndrome (IBS) and gastroesophageal reflux disease (GERD), uterine fibroids, migraines, hypertension, residual scar from ventral hernia repair, anxiety, memory loss, sleep disturbances, knee disorder, and fibromyalgia. The appeal is remanded for further evaluations and determinations on these issues.

The Board has determined that new and significant evidence has been added to the claims file since the last Supplemental Statement of the Case (SSOC) issued in June 2019. The Veteran's service-connected disabilities may affect his ability to work, which is considered part of the TDIU claim. Therefore, all issues are remanded for further review.

The Veteran's lumbar spine disability is rated at 40% prior to January 20, 2019. Ratings for his right and left knee disabilities are mixed - some issues granted (right knee instability, meniscal symptomatology), others denied or remanded (painful and limited motion). The appeal is not about service connection.

The Board denied service connection for lumbosacral strain with degenerative arthritis, finding that the Veteran's current back condition is not related to his military service.

The Veteran's degenerative joint disease of lumbar spine is rated at 20 percent, the highest available rating. The Board found that a higher rating was not warranted based on the evidence.

The Board has decided to remand the case due to inadequate medical opinions regarding service connection for obstructive sleep apnea as secondary to service-connected posttraumatic stress disorder, lumbar degenerative disc disease, and bilateral lower extremity radiculopathy. The Veteran needs a new VA examination to address these issues.

The Veteran's appeal for service connection and increased rating for hip disabilities, as well as a remand for a back disability, is being returned to the RO for further development.

The Board has remanded the claims for lumbar strain, right and left knee patellofemoral syndrome, and right and left ankle strains due to inconsistencies in the May 2019 VA examination reports regarding flare-ups and range of motion loss.

The Board has remanded the claims for service connection and TDIU due to insufficient medical opinions regarding causation and aggravation, as well as the impact of medications on employment.

The Board has denied service connection for OSA and remanded the issue of aggravation of low back disorder by service-connected knee and/or left ankle disorders.

The Board has determined that the Veteran's claims for reopening of previously denied service connection claims are remanded due to missing documents. The VA is instructed to attempt to obtain and associate these missing documents with the Veteran's claims file.

The Board has granted service connection for GERD and denied service connection for all other conditions, including lung disability, upper extremity disorders, lower extremity peripheral neuropathies, kidney stones, benign prostate hypertrophy, low back disorder, hip disorders, and knee disorders. The Veteran's claims are based on presumed exposure to herbicide agents in Vietnam.

The Board has dismissed all claims related to the appellant's service connection for various conditions, including low back disability, hypertension, and PTSD. The appeals were also dismissed regarding rating decisions and TDIU.

The Veteran's appeal for a higher disability rating for his service-connected mechanical low back pain is remanded due to inadequate medical examinations that did not account for flare-ups and neurological manifestations.

The Board has remanded the Veteran's claims for further development and review of all relevant evidence, including recent VA treatment records. The issues include service connection for a right knee disorder as secondary to his lumbar spine disability and patellar tendinitis, as well as rating adjustments for his low back disability.

The Veteran's GERD and back disability are remanded for further examination, while the right and left lower extremity radiculopathy ratings remain under review.

The Board has granted service connection for a lower back condition (claimed as back inflammation) and left upper extremity radiculopathy, but denied the claims of service connection for upper respiratory infections, pharyngitis, tonsillitis, and sinusitis. The Veteran's request to withdraw his appeal regarding a disability rating for cervical spine degenerative arthritis has been granted.

The Board has determined that additional development is needed to properly assess the Veteran's back disability, including clarification of his diagnoses and consideration of functional impairment without medication. The TDIU claim is also remanded for further review.