Back / lumbar spine decisions — 2023

The Veteran's requests to reopen claims for kidney and back conditions were denied. The Board found no current disability or evidence of a nexus between service and the claimed conditions.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for postoperative residuals of a compression fracture of the L-3 spinal segment with lumbar disc (lumbar spine disability) prior to January 19, 2021 and since January 19, 2021 due to additional development being required.

The Veteran's claim for an increased rating in excess of 40 percent for degenerative arthritis with left sacroiliitis of the lumbar spine is remanded due to inadequate examination findings.

The Board has determined that additional examinations are needed to address the Veteran's claims for service connection due to his contentions regarding the relationship between his current conditions and his military service.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions in her VA examinations and lack of clarity regarding pre-existing conditions.

The Board has remanded several service connection claims due to the need for VA examinations and medical nexus opinions, including those related to sinusitis, bilateral hearing loss, low back condition, right lower extremity radiculopathy (sciatica), residuals of a shoulder injury, and migraine headaches. The claims are being returned for further evaluation.

The Veteran's service-connected disabilities did not render her unable to secure or follow substantially gainful employment prior to April 19, 2010.

The Veteran's claims for service connection and increased ratings have been granted. Service connection is established for sinusitis, lumbosacral degenerative disc disease with IVDS, left lower extremity sciatic radiculopathy, right lower extremity sciatic radiculopathy, and bilateral hearing loss. The initial 40 percent rating for lumbosacral degenerative disc disease with IVDS is maintained, as are the initial 40 percent ratings for left and right lower extremity sciatic radiculopathies effective April 8, 2022. Tinnitus remains at a maximum of 10 percent. Service connection has been reopened for left foot disability, right foot disability, and bilateral hearing loss.

The Veteran's service-connected headache disorder is granted, and his PTSD is granted with a disability rating of 50 percent prior to June 2016 and 70 percent thereafter. The initial ratings for shin fractures and bilateral hearing loss are also granted.

The Board has determined that the Veteran's sleep apnea, lumbar spine disability, right and left knee disabilities, left ankle disability, right ankle disability, and bilateral foot disability are not properly addressed due to a lack of medical examination or opinion. The claims are being remanded for further development.

The Veteran's sleep apnea is service-connected as it was caused by his service-connected conditions, including chronic sinusitis, adjustment disorder with mixed anxiety, low back strain with degenerative arthritis, left lower extremity lumbar radiculopathy, right knee degenerative joint disease, and tinnitus.

The Board has determined that another remand is necessary due to non-compliance with the January 2022 remand directives. The Veteran's claims for service connection for left hip and back disabilities are being remanded for further development.

The Veteran's claim for a higher rating for his lumbar spine disability was denied. He received a 10 percent rating prior to May 4, 2018, and a 20 percent rating from that date onwards.

Service connection is granted for right rotator cuff tendinosis, with partial tears of the supraspinatus, infraspinatus, and subscapularis muscles.,Service connection is granted for migraine headaches secondary to service-connected obstructive sleep apnea (OSA).,Service connection is granted for degenerative disc disease (DDD) of the lumbar spine secondary to service-connected left hip replacement.,The claim for service connection for a left knee condition remains on appeal.

The Veteran's lumbar facet arthropathy prior to November 14, 2022, and in excess of 40 percent thereafter is not rated higher than the current 40 percent assigned.

The Board has remanded the Veteran's claims for an increased rating for low back disability and TDIU due to his service-connected condition. The Veteran testified about worsening symptoms, including pain and medication use, and requested a VA examination.

The Board has remanded the case to determine if a TDIU should be granted on an extraschedular basis due to the Veteran's service-connected lumbar disability and left lower extremity radiculopathy.

The Board has remanded the issue of service connection for a lumbar back disability due to conflicting evidence and need for further development.

The Veteran's claim for service connection for left ear hearing loss has been granted, and a 100% disability rating is assigned effective from May 3, 2018. Claims for other conditions remain denied.

The Board found that the Veteran's service-connected disabilities did not prevent him from securing or following substantially gainful employment prior to August 7, 2020.