Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for additional development due to outstanding private treatment records and incomplete VA opinions regarding his service-connected disabilities.

The Board has ordered the VA to conduct additional examinations and provide an addendum opinion regarding the Veteran's lower back disability and right lower extremity radiculopathy. The remand is due to ensure that the findings from prior examinations are considered, if possible.

The Board has decided to remand the cases for further development and examination due to insufficient medical records and conflicting opinions regarding the onset of the Veteran's foot, back, and URI disabilities.

The Veteran is granted effective dates of January 28, 2004 for the grant of service connection for right knee strain, left knee strain, osteoarthritis of the lumbar spine, cervical spine disability, and allergic rhinitis.

The Veteran withdrew his appeals for the issues of entitlement to a compensable disability rating for residuals of right calf contusion and service connection for bilateral hearing loss, tinnitus, high blood pressure (hypertension), lumbar and lower back condition, vision and cataracts, and erectile dysfunction and sexual dysfunction.

Your claim for a lumbar spine disability has been granted, and you are now receiving a 20% rating effective July 14, 2014. The appeal is dismissed as the AOJ has already granted the benefits.

The Veteran's service-connected degenerative disc disease, arthritis, and spinal stenosis of the lumbar spine is rated at 40 percent effective November 18, 2020. The claim for higher ratings remains in appellate status.

The Veteran's right shoulder, low back, right knee, sleep apnea, and right foot disabilities are all granted as service-connected.,Effective April 7, 2014, a rating of 50 percent for headaches is granted.

The Board has remanded the cases for additional development, including obtaining medical opinions regarding the etiology of the Veteran's bilateral hearing loss and psychiatric disability, as well as assessing the current severity of his lumbar spine, lower extremity radiculopathy, back scars, and left ear perforated tympanic membrane.

The Board has ordered remand for new VA examinations due to inadequate previous evaluations and requested addendum opinions. The issues on appeal include increased ratings for various service-connected conditions, an initial rating for left lower extremity radiculopathy, and service connection for a stomach condition (GERD).

The Board has reopened the Veteran's claims for service connection for back disability, bilateral pes planus, PTSD, and left thumb disability due to new and material evidence. The cases are remanded for further development.

The Board has remanded the cases for compliance with previous directives and to obtain additional medical records. The Veteran's claims for increased ratings related to tarsal tunnel syndrome in the left ankle, a left ankle scar, and a low back disability are being reviewed.

The Veteran's claim for service connection for obstructive sleep apnea has been granted.,Prior to December 12, 2003, the Veteran was not found unable to secure or follow substantially gainful employment due to his service-connected disabilities.,From December 12, 2003, to January 31, 2005, the issue of entitlement to a TDIU is moot as he had a combined rating of 100% and was not permanently housebound.,From February 1, 2005, to February 27, 2019, the Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment.,From February 28, 2019, to April 3, 2020, the issue of entitlement to a TDIU is moot as he had a combined rating of 100% and was in receipt of special monthly compensation.

The Board has granted service connection for thoracic and lumbosacral strain (low back disability) and bilateral lower extremity radiculopathy, finding that the Veteran's current conditions are related to his active duty service.

The Board denied the Veteran's claims for service connection for a thoracolumbar spine disability and left lower extremity radiculopathy, finding that there was no evidence of an in-service injury or disease.,The Board also found that secondary service connection could not be established as the Veteran is not currently service connected for any condition from which the radiculopathy may be considered secondary.

The Veteran withdrew his appeal of the issues related to increased ratings for PTSD, lateral collateral ligament sprain of the right ankle, degenerative arthritis of the lumbar spine, and radiculopathy affecting the sciatic nerve. He also requested withdrawal of the TDIU issue.

The Board has dismissed the appeal due to the appellant's withdrawal of his claims for increased disability ratings for lumbosacral strain.

The Board has granted service connection for right hip disability on a secondary basis due to the Veteran's service-connected low back disability and radiculopathy of the bilateral lower extremities. The claim is now resolved in favor of the Veteran.

The Board has granted service connection for the Veteran's back disability and her acquired psychiatric disorder, to include depression, as secondary to her service-connected back disability.

The Veteran's initial claim for a 40 percent evaluation for his back disability prior to June 27, 2019 was granted. For the period from June 27, 2019 forward, the Veteran's claim for an evaluation in excess of 40 percent was denied.