Back / lumbar spine decisions — 2023

The Board has remanded the claims for entitlement to service connection for right knee disability, left knee disability, low back disability, and swollen glands due to lack of examination.

The Veteran's low back disability with left foot drop is rated at 60 percent, effective April 25, 2022.

The Board denied service connection for anxiety disorder and sleep apnea, but granted service connection for degenerative disc disease. The Veteran's back condition is related to an injury during a period of INACDUTRA.

The Board has dismissed the appeals for service connection of lumbosacral strain, left hand/thumb condition, and left hip condition due to the Veteran's death.

The Board has dismissed the issue of whether withholding of retroactive VA compensation effective March 2008 to January 2012 was proper. The issues of service connection for a left eye disability, initial disability rating for lumbar spine disability in excess of 10 percent prior to November 29, 2010; and in excess of 20 percent thereafter, initial disability rating for left shoulder disability in excess of 20 percent, and initial disability rating for right foot disability in excess of 10 percent are all remanded.

The Veteran's claim for an initial compensable rating for headaches has been denied. The Board found that the evidence did not show characteristic prostrating attacks averaging one in two months, which is required for a 10% rating under DC 8100. The claims of service connection for lumbar spine disability, cervical spine disability, groin injury residuals, and erectile dysfunction are remanded due to inadequate development.

Service connection granted for lumbosacral strain, degenerative arthritis of the lumbar spine, and IVDS. Service connection denied for migraine headaches.,Service connection granted for left knee patella tendonitis with a rating of 30 percent. Service connection denied for right shoulder impingement syndrome with degenerative arthritis status-post SLAP repair.

The Board has remanded the Veteran's claims for increased ratings for his lumbosacral strain, left and right lower extremity radiculopathy associated with lumbosacral strain. The issues are related to the severity of these conditions and their impact on the Veteran's functional ability.

The Board has remanded the Veteran's claims for diabetes, lower back condition, and neck condition due to a lack of VA examination and consideration of service connection on a presumptive basis.

The Veteran's claim for an increased rating for lumbar sprain with degenerative arthritis of the spine is denied. The appeal for TDIU was dismissed as moot due to a higher rating being granted.

The Board has granted service connection for the Veteran's lumbar and cervical spine disabilities, finding that these conditions are related to his active duty service. The claims were reopened due to new evidence submitted since the last denial.

The Board denied the Veteran's claim for a TDIU on an extraschedular basis prior to December 8, 2011, finding that there was no evidence showing he became unemployable due to his service-connected disabilities within one year prior to his claim.

The Veteran's right shoulder disability is currently rated at 20% and does not meet the criteria for a higher rating.,The Veteran's left knee disability is currently rated at 10% and does not meet the criteria for a higher rating.

The Board has remanded the Veteran's claims for increased ratings and service connection due to incomplete medical records, inadequate examination reports, and conflicting employment history.

The Veteran's initial ratings for spondylolisthesis with degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy have been denied.,The Board found that during the entire initial rating period on appeal, from April 9, 2013, to January 4, 2015, the service-connected conditions did not meet or more nearly approximate the criteria for higher disability ratings.

The Board denied earlier effective dates for service connection in multiple conditions, including lumbar spine degenerative disc disease, right lower extremity radiculopathy, left lower extremity radiculopathy, right eye macular degeneration, right knee disorder, tinnitus, and left ear hearing loss. The earliest effective date assigned was January 14, 2014.

The Board has decided to remand the case due to an inadequate VA medical opinion regarding the Veteran's lumbar spine disability. The examiner needs to provide a more informed opinion on whether the current disability had its onset in service or is otherwise related to his active duty.

The Board has decided to remand the Veteran's claims for thoracolumbar spine disability, left and right lower extremity radiculopathy due to potential inadequacies in the previous VA examination report. The issues are intertwined with the back issue and require further medical opinions.

The Board has remanded the cases for a new VA medical examination and opinion to determine if the Veteran's claimed disabilities are related to his active service, including documented injuries in service.

The Board has remanded the Veteran's claims of service connection for low back, right leg, and left leg disabilities due to incomplete service records and inadequate medical opinions.