Back / lumbar spine decisions — 2023

The Board has remanded the claims for increased ratings for cervical and lumbar spine disabilities, as well as the claim for service connection for obstructive sleep apnea due to non-compliance with previous directives.

The Veteran's right ankle disability, back disability, neck disability, and right shoulder tendinopathy with strain are all found to be related to service.,Service connection is granted for these conditions.

The Board has granted service connection for lumbar spine degenerative disc disease, bilateral hip degenerative joint disease, right knee disability, left knee chondromalacia with meniscal tear and Baker's cyst, bilateral ankle disabilities, right shoulder osteoarthritis, left shoulder tendinopathy, right elbow disability, and left elbow lateral epicondylitis.

The Veteran's low back condition and hypertension are granted service connection, while DMII requires additional evidence. The case is remanded for further action regarding DMII.

The Board has decided to remand the case due to procedural issues, including the submission of a modernized review system form for a legacy rating decision.

The Veteran's appeals for earlier effective dates and increased ratings have been dismissed.,Issues related to service connection, disability ratings, and effective dates are being remanded.

The Board has remanded the cases for further development due to insufficient evidence regarding the etiology of the Veteran's low back disability, left lower extremity radiculopathy, and acquired psychiatric disorder. The claims are not granted as service connection is denied.

The Board has remanded the claims for service connection for a headache disability as secondary to service-connected thoracolumbar scoliosis and for TDIU due to inextricability with the former claim.

The Veteran's tinnitus was granted service connection. The claims for sinus disability, acquired mental health disorder, left knee disability, right knee disability, right hip disability, left foot disability, and right foot disability are remanded due to the need for additional development.

The Veteran's service-connected low back disability, including mild scoliosis and degenerative joint disease of the lumbar spine, has not been properly evaluated due to a lack of recent VA examination. The claim is being remanded for further evaluation.

The Veteran's claims for service connection have been reopened, but the AOJ is required to remand them due to insufficient evidence.,Service connection remains denied for a skin disability (other than residuals of a cyst on the left ear), hepatitis A, an eye disability, and an acquired psychiatric disability. The back disability claim has also been remanded.

The Board has remanded the Veteran's claims for cervical spine, lumbar spine, and left shoulder disabilities due to incomplete examination reports and outstanding treatment records.

The Veteran's neck disability is currently rated at 20 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board found that the evidence did not show forward flexion limited to 15 degrees or less, favorable ankylosis of the entire cervical spine, or IVDS productive of incapacitating episodes requiring bed rest prescribed by a doctor for at least 4 weeks but less than 6 weeks during the past 12 months. The Veteran's disability picture is fully contemplated in the criteria for a 20 percent rating as currently assigned.

The Veteran's claims for service connection for a bilateral knee disability, lower back condition, and left hand injury have been denied.,There is no evidence showing that the Veteran's current disabilities are related to his military service.

The Board has remanded the claims for a higher rating for bilateral hearing loss and service connection for various conditions due to incomplete development of records.

The Board has remanded the case due to an inadequate medical opinion regarding whether the Veteran's current lower back condition is related to his active military service.

The Veteran's claims for service connection have been reopened and are being remanded due to the submission of new evidence.,Service connection is also being remanded for lumbar spine, cervical spine, and acquired psychiatric disorder (including schizophrenia) disabilities.

The Veteran is entitled to retroactive CRDP compensation payments for the periods from March 1, 2010, through May 31, 2012, and July 19, 2012, through April 30, 2014. However, it is unclear if he received the full amount of VA compensation benefits he was entitled to for the period prior to March 1, 2010.

The Veteran's acquired psychiatric disorder, bilateral hearing loss, and lumbosacral strain with DDD are all granted as service-connected.

The Veteran's initial increased ratings for left lower extremity radiculopathy and lumbosacral strain were denied by the Board. The Veteran was previously rated at 20% prior to January 15, 2020, and at 40% thereafter.