Back / lumbar spine decisions — 2023

The Board has granted service connection for the Veteran's lumbar strain with mild degenerative spondylitic change, right knee osteoarthritis, left hip osteoarthritis/degenerative joint disease (DJD), and plantar fasciitis as secondary to his service-connected right ankle disability.

The Veteran's lumbar spondylosis L5 with spondylolisthesis at L5-S1 is rated as 20 percent disabling. The ratings for lower extremity radiculopathy are also addressed, but the Veteran does not meet the criteria for higher ratings.

The Veteran's lumbar spine disability is rated at 40 percent from February 1, 2013. The rating for right and left lower extremity radiculopathy remains denied.

The Board has granted service connection for the Veteran's thoracolumbar spine condition, finding that it was aggravated by an in-service injury and is not due to natural progression.

The Veteran's claims for bilateral tinnitus, asthma, and sinus condition were denied in previous rating decisions. The claim for headaches was granted.,The Veteran's claims for right knee osteoarthritis, left knee osteoarthritis, back condition, right ankle condition, and left ankle condition are being remanded.

The Board has remanded the case due to insufficient nexus opinion regarding the Veteran's current lumbar spine disorder. The claim for service connection is not granted.

The Veteran's claims for increased ratings for lumbosacral spine degenerative disc disease, right and left lower extremity sciatic nerve radiculopathy are remanded due to the need for a thorough VA examination.

The Veteran's service connection claim for paranoid schizophrenia has been granted.,Service connection was denied for post-traumatic stress disorder (PTSD).,The appeal related to treatment purposes under Chapter 17 of the VA Claims Act is dismissed as moot due to the grant of service connection for schizophrenia.,A remand is ordered for a VA examination to determine if the Veteran's low back condition had its onset in service or is caused by her active service.

The Veteran withdrew his appeal for a total disability rating based on individual unemployability (TDIU). The Board dismissed the appeal as there are no longer allegations of errors of fact or law to consider.

The Board has decided to remand the case due to inadequate examination and incomplete medical records. The Veteran's low back condition is being reviewed for service connection, considering various theories including direct service connection, presumptive service connection based on arthritis, and aggravation of a pre-existing condition.

The Veteran's lumbar strain disability is being remanded for additional examination and treatment records to determine the extent of functional impairment during flare-ups from October 2013 to September 2018.

The Veteran is granted a rating of 70 percent for anxiety disorder, effective November 17, 2013. The effective date was determined based on the grant of service connection for anxiety disorder with TBI.

The Board has remanded the Veteran's claims for service connection due to unavailability of his STRs and need for further development, including obtaining private treatment records and a VA examination.

The Board has granted service connection for left and right lower extremity radiculopathy secondary to a service-connected lumbar spine disability. The evaluation of the lumbar spine disability remains at 40 percent.

The Board has decided to remand the Veteran's claims for a rating in excess of 20 percent for lumbar spine strain prior to April 23, 2015, and beginning August 1, 2015; a rating in excess of 40 percent for lumbar spine strain beginning September 8, 2017; and TDIU due to service-connected disability prior to July 13, 2015. The claims are remanded because the VA examinations conducted were not adequate.

Your claim for a lumbar spine disability has been granted and you are now receiving benefits. The appeal is dismissed as moot.

The Veteran's acquired psychiatric disorder, OSA, and lumbar spine disability are all granted. The lumbar spine disability is remanded due to conflicting opinions.

The Veteran's claim for a rating in excess of 10 percent for service-connected lumbar spine disability prior to December 16, 2021 was denied.,For the period beginning December 16, 2021, the Veteran's claim for a rating in excess of 20 percent for service-connected lumbar spine disability was denied.,The Veteran's claims for an initial rating in excess of 10 percent for right lower extremity radiculopathy prior to September 23, 2022 were both denied. However, the Veteran's claim for a 20 percent rating, but not higher, for right lower extremity radiculopathy from September 23, 2022 onwards was granted.,The Veteran's claims for an initial rating in excess of 10 percent for left lower extremity radiculopathy prior to September 23, 2022 were both denied. However, the Veteran's claim for a 20 percent rating, but not higher, for left lower extremity radiculopathy from September 23, 2022 onwards was granted.,The decision does not specify any exposure basis or indicate whether the appeal is related to the PACT Act, Agent Orange, Camp Lejeune, radiation, Gulf War, or other presumptive conditions.

The Board has determined that additional development is needed for the Veteran's claims of service connection for various conditions, including plantar fasciitis, bilateral ankle disorders, neck disorder, shin splints, left knee disorder, athlete's foot, hand disorders, and back disorders. The case is being remanded to allow for further development.

The Veteran's service-connected disabilities, including PTSD, Chronic disease, lumbosacral strain, right knee disability, migraines, tinnitus, scar, and hearing loss, prevent him from securing or following a substantially gainful occupation. The Board has granted the TDIU.