Back / lumbar spine decisions — 2023

The Board has determined that additional development is needed and the claims are being remanded to the AOJ for further review of the evidence.

The Veteran's cervical spine disability, right and left upper extremity radiculopathy, and lumbar spine disabilities have been granted evaluations ranging from 30 to 50 percent. The effective dates for these evaluations are August 31, 2009, for the cervical spine disability and August 18, 2021, for the upper extremity radiculopathies.

The Veteran's claim for service connection for bilateral hearing loss is denied.,Service connection for a rating in excess of 10 percent for degenerative arthritis of the lumbar spine prior to July 1, 2019 is denied. Effective August 9, 2023, separate compensable ratings are granted for radiculopathy of the left and right lower extremities.,The Veteran's claim for a rating in excess of 40 percent for degenerative arthritis of the lumbar spine after July 1, 2019 is denied.

The Board has remanded the Veteran's claims for service connection due to new evidence obtained from the Department of Defense and deficiencies in previous medical opinions. The case is now pending further examination and reconsideration.

The Veteran's claim for higher ratings for his service-connected right shoulder impingement syndrome and lumbosacral strain, as well as a TDIU, was denied. The case was remanded multiple times, and the Veteran was granted a TDIU in February 2016. Attorney fees were withheld from past-due benefits awarded to the Veteran due to his representation by S.R., who is now eligible for attorney fees based on the grant of past-due benefits.

The Veteran's claims for increased ratings and service connection were denied.,An effective date of January 4, 2016 was granted for the assignment of a 10 percent rating for allergic rhinitis.

The Board denied the Veteran's motion to revise or reverse the May 8, 2007 rating decision granting service connection for DDC of the thoracic spine and cervical spine due to lack of clear and unmistakable error.

The Board has dismissed the Veteran's claims for service connection for bilateral hearing loss, tinnitus, a bilateral knee condition, a bilateral shoulder condition, and a sleep disorder. The remaining issues of service connection for degenerative arthritis of the lumbar spine, respiratory issues, Crohn's disease, and ulcerative colitis are being remanded.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for respiratory condition, claimed as asthma; left foot disability; right foot disability; low back disability; and sleep apnea. These claims are being remanded for further development.

The Veteran's claim for an evaluation in excess of 50 percent for PTSD is remanded due to the need for additional medical evidence.,The Veteran's claims for service connection for a left knee condition and lower back condition are remanded as there may be outstanding treatment records relevant to these claims.,The Veteran's claim for service connection for pseudofolliculitis barbae is remanded due to the possibility of existing but unassociated medical evidence.,The Veteran's claim for service connection for bilateral flat feet is remanded because no VA examination has been conducted yet.,The Veteran's claim for service connection for a heart condition, secondary to PTSD, is remanded as there may be outstanding treatment records relevant to this claim.

The Board denied service connection for an acquired psychiatric disorder to include PTSD and a lumbar spine disability, finding no current diagnosis of these conditions and insufficient evidence linking them to service.

Service connection for tinnitus is granted.,An effective date earlier than January 30, 2007, for the grant of service connection for a lumbar scar is denied.,Effective dates earlier than September 25, 2018, for the grants of 10% ratings for partial paresthesia and ganglion cyst are denied.

The Board has determined that the VA medical opinions obtained following the October 2022 decision were inadequate and requires further remand to obtain adequate retrospective findings for limitation of motion.

The Board has found that the Veteran's PTSD symptoms do not warrant a rating higher than 50 percent, and his low back condition is denied as service connection. The claim for sleep apnea requires further examination.

The Board denied service connection for hypertension, respiratory disorder, memory loss, low back disability, and sciatica. The Veteran's conditions were not found to be related to his active service.

The Board denied the Veteran's claim for an earlier effective date of April 8, 2011 for a 40 percent disability rating for his lumbar myositis. The evidence did not show any factually ascertainable increase in severity within the year prior to the April 8, 2011 claim.

The Veteran's claims for increased disability ratings and TDIU have been remanded due to the need for additional development, including obtaining VA treatment records and providing a retrospective medical opinion regarding functional loss during flare-ups.

The Board has remanded several claims for additional development, including service connection for various disabilities and an initial rating for lumbar back pain.

The Board has determined that the Veteran's claims for service connection for bilateral hearing loss, a back disability, and various extremity disabilities are not granted. The cases have been remanded to obtain additional medical opinions regarding whether these conditions were aggravated by his obesity.

The Board has remanded the Veteran's claims for service connection for thoracolumbar spine disorder and left elbow disorder due to potential errors in the previous examination reports. The claims will be reviewed with additional medical opinions.