Back / lumbar spine decisions — 2023

The Veteran's lumbar spine disability, radiculopathy of the lower extremities, and right shoulder disability have been granted increased ratings. The Veteran's right knee disability has not met the criteria for an increased rating.

The Veteran's appeals for increased ratings and service connection have been dismissed. The appeal pertaining to the thoracic spine disability is remanded.

The Veteran's initial rating for LUE ulnar nerve entrapment from December 21, 2016 to November 29, 2018 was denied as it did not meet the criteria for a higher disability rating.,For the period after November 29, 2018, the Veteran's initial rating of LUE ulnar nerve entrapment has been remanded due to insufficient evidence regarding functional impairment during flare-ups.

The Veteran's disability rating for residuals of compression fracture of the lumbar spine with IVDS was denied, as it did not meet the criteria for a higher rating.

The Veteran's claims for increased rating of low back disability and service connection for sleep apnea and headaches are remanded due to the need for additional examinations.,The Veteran's service connection claims for IBS and an enlarged heart have been withdrawn.

The Veteran's disability rating for lumbosacral strain prior to June 6, 2022 is denied. The Veteran's disability rating for lumbosacral strain since June 6, 2022 remains at 20 percent.

The Veteran's service-connected Ischemic Heart Disease/Coronary Artery Disease (IHD/CAD) alone does not meet the criteria for a Total Disability Rating due to Individual Unemployability (TDIU).

The Veteran's onychomycosis was rated as noncompensably disabling under the old rating criteria, and no increased rating is warranted.,Claims for service connection of lumbar spine disability, cervical spine disability, and left hip disability are remanded due to new evidence potentially being received.,No specific exposure basis or Pact Act involvement is mentioned.

The Veteran's rating for rheumatoid arthritis and degenerative disc disease of the lumbar spine was restored to 20 percent effective January 1, 2017. The reduction in rating from 40 percent to zero percent is considered void ab initio.

The Board has remanded the Veteran's claims of service connection for right hand disability, lumbar spine disability, and right knee disability due to insufficient medical opinions addressing the onset or causation of these disabilities during his military service.

The Veteran's right hand condition, thoracolumbar spine disability, radiculopathy of the bilateral lower extremities, and bilateral knee disability are all granted. The Veteran is also awarded a higher rating for his service-connected right hand condition.

The Veteran's appeal was dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of this appeal as he died during its pendency.

The Veteran's left ear disability, including vertigo, is granted service connection. Service connection for rectum and anus condition, hemorrhoids, intestinal condition, gastrointestinal tumor, and dental disability are denied. Service connection for back disability is granted.

The Board has remanded the claims for sleep apnea, irritable bowel syndrome, scarring of the occipital scalp, and degenerative disc disease of the lumbar spine. The Veteran's service connection claims are being reviewed due to incomplete in-service records and new examinations are required.

The Board has decided to remand the case due to the need for additional VA treatment records from a specific VA facility. The Veteran's low back disorder claim is being returned for further development.

The Board denied a higher evaluation for the Veteran's right leg neurologic manifestations, finding that his symptoms approximated moderate incomplete paralysis but did not meet the criteria for moderately severe incomplete paralysis.

The Veteran's initial and increased ratings for lumbar spine disability have been denied. The Board found that the evidence did not support a higher rating prior to April 4, 2005 or from April 4, 2005.

Entitlement to service connection for bilateral hearing loss is granted.,The Veteran's PTSD disability rating is remanded due to lack of recent examination.,The Veteran's left shoulder and right shoulder disabilities are remanded as the VA opinion did not address combat participation.,The Veteran's left wrist disability is remanded as the VA opinion did not address combat participation.,The Veteran's back disability is remanded as the VA opinion did not address combat participation.,The Veteran's left leg and left ankle disabilities are remanded as the VA opinion did not address combat participation.,,

The Board has determined that the Veteran's degenerative arthritis of the lumbar spine is at least as likely as not related to his military service, and thus grants service connection for this condition.

The Board has decided to remand the case due to a lack of a VA examination regarding the Veteran's lumbar spine disability. The Veteran is seeking service connection for this condition, but the claim must be further evaluated as there are insufficient medical records and evidence to determine if her current back disabilities are related to her military service.