Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and lack of examination in some cases. The claims are now pending for further review.

The Board has remanded the cases due to insufficient medical opinions regarding the etiology of the Veteran's back and left foot or ankle disabilities. The claims are also remanded for a new VA examination.

The Veteran's claim for a rating of 40 percent for coccydynia with lumbosacral arthritis is granted, effective from January 19, 2014 to June 9, 2022. The issue of service connection for right lower extremity radiculopathy and left lower extremity radiculopathy remains pending.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to the need for additional examinations and records.

The Veteran withdrew his claims for an earlier effective date for tinnitus and service connection for a back disability, so the Board has dismissed these issues.

The Veteran's claim for a higher rating for left lower extremity radiculopathy from August 4, 2020 is remanded.,The Veteran's claim for a higher rating for right lower extremity radiculopathy from February 12, 2010 is remanded.,The Veteran's claim for a higher rating for low back strain with spondylolisthesis and degenerative disc disease, L5-S1 is remanded.

The Board has determined that the Veteran's lumbar spine disorder, diagnosed as lumbosacral strain, is related to his active service and granted service connection for this condition.

The Board has determined that the Veteran's current low back disability is at least as likely as not to have had its initial onset during service, and thus grants service connection for a low back disability.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for his lumbar disability, a disability rating in excess of 50 percent for his major depressive disorder with PTSD, an earlier effective date for his major depressive disorder with PTSD, and a TDIU claim. The issues are being referred back to the AOJ for further action.

The Board has determined that the Veteran's current lower back disorder is related to his service, including his duties as an infantryman and parachutist. Service connection for this condition is granted.

The Veteran's claims for increased ratings for his service-connected back, neck and right upper extremity radiculopathy disabilities are being remanded due to the need for additional development including VA examinations.

The Board has determined that the Veteran's current neck condition, diagnosed as degenerative disc disease of the cervical spine, is related to his active-duty service and granted service connection for this condition.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for bilateral hearing loss. The claims for service connection for lumbar spine, left foot, left knee, and right ankle disabilities are remanded due to insufficient medical opinions.

The Veteran's service connection claim for a left hip disability has been reopened, and the rating reductions from 20 percent to 10 percent effective August 1, 2017 for right and left lower extremity radiculopathy were found improper. The 20 percent ratings are restored.,The Veteran's TDIU claim is granted, subject to further development on remand issues.

The Veteran's claim for service connection for a chronic sleep disability is denied.,Service connection and increased ratings for thoracolumbar spine strain with degenerative changes at L5-S1, cervical spine strain with C5-6 spondylosis, left ankle lateral collateral ligament sprain, and tinea versicolor with tinea pedis are also denied.,The Veteran's claim for a compensable rating for left ankle lateral collateral ligament sprain is denied.,Service connection and increased ratings for tinea versicolor with tinea pedis are denied.

The Veteran's lumbar spine, left knee, and right knee disabilities have been granted service connection. His depressive disorder has also been granted.,A 100% disability rating for CAD is granted.

The Board has dismissed all claims of service connection for various conditions as the Veteran died during the appeal process.

The Veteran's claim for residuals of dengue fever, a lumbar spine disability, diabetes mellitus type II, peripheral neuropathy of the right and left lower extremities, and TDIU prior to September 29, 2008 have all been denied.,The Board found that there was no current evidence of residuals from dengue fever or any other service-connected condition. The Veteran's low back disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period.

The Board has denied the Veteran's claims for increased ratings for her right wrist tendonitis and degenerative arthritis/joint disease with sacroiliac joint dysfunction of the lumbar spine.,Both conditions were rated under direct service connection criteria, as there is no indication that they are related to a specific exposure or presumption.

The Board has granted a rating of 40 percent for the Veteran's low back disorder prior to October 5, 2020. The appeal is denied for ratings in excess of this amount.