Back / lumbar spine decisions — 2023

The Veteran's initial rating for lumbar spine degenerative disc disease is denied, and the case is remanded due to issues with his TDIU claim. The current rating of 20% prior to January 5, 2018, and 40% thereafter is maintained.

The Veteran's claims for increased ratings for radiculopathy of the left and right lower extremities (femoral) prior to specific dates have been remanded due to insufficient evidence.

The Board has decided that the Veteran's lumbar spine disability should be remanded for further review, including consideration of a recent VA examination report.

The Board has remanded the Veteran's claims for lumbar spine disability and TBI residuals due to incomplete records from San Diego Naval Base, including Balboa Hospital. The case will be returned to the Board for further review.

The Board has decided to remand the cases for further development due to inadequate examinations and missing private treatment records.

The Board has remanded the Veteran's claims for tinnitus and back disability due to inadequate VA examinations and missing medical records. The Veteran is seeking service connection for these conditions, which are believed to be related to his military service.

The Board has granted service connection for a lower back condition but denied service connection for vasomotor rhinitis.

The Veteran's appeals for service connection and reopening of claims have been withdrawn. The Board has also remanded the issues regarding obstructive sleep apnea, whether new and material evidence had been submitted to reopen the previously denied service connection claim for a bilateral knee disorder, and whether new and material evidence had been submitted to reopen the previously denied service connection claim for a back disorder.

The Board has granted service connection for bilateral hearing loss but denied service connection for low back disability.

The Board has granted service connection for lumbar spine degenerative disc disease, cervical degenerative disc disease, and the cause of death due to esophageal adenocarcinoma. The claim for VA Dependency and Indemnity Compensation under 38 U.S.C. § 1318 is dismissed.

The Board has remanded the claims for service connection due to insufficient evidence regarding the relationship between the Veteran's obesity and her claimed disabilities.

The Board has dismissed the Veteran's claims for service connection due to his death.

The Board has granted the Veteran's claims for secondary service connection for left knee disability and lumbar spine disability to his service-connected bilateral flat feet with osteoarthritis and tarsal tunnel syndrome. The claim for hiatal hernia, prostate disability, and fibromyalgia remains pending as they are not currently supported by evidence of a direct service connection.

The Board has remanded the case due to a need for additional development and examination, including a VA examination to assess the current nature and severity of the Veteran's service-connected lumbosacral sprain with degenerative arthritis.

The Board denied the Veteran's claim for service connection for bone pain, including as due to bone density loss related to osteoporosis and osteopenia or related to arthritis and degenerative disc disease. The VA examiners concluded that these conditions did not clearly pre-exist service, were not incurred in service, and are not aggravated by service.

The Veteran's back disability is rated at 20 percent, and her bilateral lower extremity radiculopathy is also rated at 20 percent each.,The Veteran's claim for increased rating for the back disability was denied.

The Veteran's spouse, C.K., was added to his VA disability compensation award effective January 13, 2014. The decision grants the earlier effective date request.

The Veteran's petition to reopen his claim for service connection of a kidney infection is granted. The initial rating for lumbar spine disability remains at 20 percent, and the ratings for right and left lower extremity sciatic radiculopathies are also maintained.

The reduction of the Veteran's lumbar spine disability evaluation from 20 percent to 10 percent was improper, and the prior rating is restored. The Veteran's headaches are remanded for further development.

The Board has denied service connection for a back disability and neck disability, but has remanded the issue of service connection for a psychiatric disability (including PTSD and depression).