Back / lumbar spine decisions — 2023

For the period prior to July 17, 2017, the Veteran's low back strain with lumbar degenerative disc disease was not manifested by forward flexion of the thoracolumbar spine less than or equal to 60 degrees and there were no findings of ankylosis. The Veteran received a 10 percent disability rating for this period.,For the period from July 17, 2017, the Veteran's low back strain with lumbar degenerative disc disease was manifested by forward flexion of the thoracolumbar spine less than or equal to 60 degrees and there were no findings of ankylosis. The Veteran received a 20 percent disability rating for this period.

The Board has remanded the cases for further development due to inadequate examinations and missing VA treatment records.

The Board has decided to remand the claims for a low back disorder, left shoulder disorder, and right shoulder disorder due to insufficient medical opinions in the December 2020 VA examination.

The Board has determined that further development is needed to address the Veteran's claims for service connection of OSA, including whether his service-connected disabilities cause or aggravate OSA and whether obesity is a substantial factor in causing OSA.

The Board has reopened the Veteran's claim for service connection for a back disability due to new evidence showing current back disability related to in-service activities. Service connection was denied for right knee, left knee, and neck disabilities as no chronic symptoms were present during or shortly after service. The psychiatric disability is not considered secondary to the service-connected tinnitus.

The Veteran's service-connected back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy are all rated at 40 percent effective June 3, 2008. TDIU is granted from June 3, 2008 to December 19, 2016.

The Board has granted service connection for a low back disability, finding that the Veteran's current condition is etiologically related to her active duty service.

The Veteran's appeal has been withdrawn for the issue of increased rating for degenerative disc disease. The claim for service connection for frostbite of the feet (now claimed as residuals from cold weather injury) is reopened, but denied on the merits. Service connection for tinnitus and bilateral hearing loss are remanded due to insufficient evidence.

The Board has remanded the claim for further development and readjudication due to errors in previous decisions, including failing to consider certain evidence and obtaining missing VA treatment records.

The Board has remanded the case due to an inadequate examination in its March 2022 decision, and a new VA examination is required.

The Veteran's tinnitus is granted as service-connected.,The Veteran's back disability, to include pain, and GERD are both granted as service-connected. The back disability is secondary to his service-connected knee disabilities.,Service connection for GERD is granted.

The Veteran's appeals for increased disability ratings and TDIU have been dismissed due to his withdrawal of the appeal.

The Veteran's lumbar spine disability and associated radiculopathy have been granted a 40 percent rating from August 2, 2019 to November 3, 2022.

The Veteran's claim for a higher rating for her degenerative arthritis of the lumbar spine is being remanded due to insufficient examination findings regarding flare-ups and associated symptoms.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the etiology of her right leg, bilateral knee, and thoracolumbar spine disorders. The VA is required to obtain a medical examination to determine if these conditions are related to service.

The Veteran's representative withdrew the appeals for reopening her claims of service connection for lower back, left knee, and right knee disorders.

The Board has withdrawn the claim of service connection for lupus and remanded the claims for a lumbar spine disorder, left lower extremity radiculopathy, and a left shoulder disorder.

The Board has dismissed the Veteran's claims of service connection for lumbar degenerative disc disease, hypertension, and bilateral knee disability as these issues have been fully granted with effective dates.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability prior to August 10, 2020 due to insufficient evidence showing he was unable to secure and follow a substantially gainful occupation.

The Board has denied the Veteran's appeals for service connection of PTSD, Duodenal Ulcer, and Low Back Disability due to lack of new and material evidence.