Back / lumbar spine decisions — 2023

The Veteran's lumbosacral strain with arthritis and degenerative disc disease was granted a rating of 20 percent from January 29, 2014 to October 31, 2019. The case is remanded for an examination regarding his hepatitis C.

The Board has reopened the Veteran's claims for service connection for various disabilities, but has remanded them for additional development and examination.

The Board has granted a 40 percent disability rating for lumbar strain from August 15, 2016 to the present due to severe pain and muscle spasms limiting forward flexion of the thoracolumbar spine to no greater than 30 degrees.

The Board has decided the initial rating for insomnia and remanded the claims for migraine headaches, cervical strain, thoracolumbar strain, and service connection for benign neoplasm of the skin.

The Board has decided to remand the Veteran's claims for increased ratings for degenerative joint disease of the lumbar spine and right lower extremity radiculopathy due to outdated VA examinations, new evidence from a hearing before the Board, and missing or insufficient treatment records. Further development is needed to assess the current severity of these conditions.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of a chronic disease in service and insufficient continuity of symptomatology to establish a current disability. The Board also found that her current diagnoses were not related to her military service.

The Board denied the Veteran's claim for a temporary total evaluation based on convalescence due to her lumbar spine surgery, finding that the evidence did not support requiring at least one month of convalescence.

The Veteran's claim for a rating in excess of 10 percent for service-connected degenerative disc disease of the cervical spine was denied. The claims for an initial compensable rating for plantar warts of the left foot and service connection for hammer toes of the right foot were remanded.

The Veteran's claims for increased ratings and service connection for right knee, low back, and right hip conditions related to his service-connected left knee disability are being remanded due to inadequate examination reports.,A new VA examination is needed to assess the current severity of the Veteran's left knee instability and determine if it has caused or aggravated any other conditions.

The Board has decided to remand the Veteran's claims for service connection due to incomplete medical records and inadequate opinions regarding his claimed back condition and bilateral knee conditions. The AOJ is required to obtain additional records, notify the Veteran of unavailable records, and schedule examinations to address these issues.

The Board denied service connection for a low back disorder, finding no evidence of an in-service injury or disease that caused the current condition. The Board also found no secondary service connection due to bilateral pes planus. The Veteran's claim was denied as there is insufficient medical evidence linking his current low back disorder to his military service.

The Board has remanded the claims of service connection for left and right knee disabilities due to additional development being needed.

The Veteran's lumbar spine disability was denied increased ratings in excess of 10 percent for the period prior to November 21, 2016, and in excess of 20 percent from January 1, 2017, to September 3, 2020. The case is remanded due to additional development needed.

The Board has granted service connection for the aggravation of obstructive sleep apnea by the Veteran's service-connected back and knee conditions. The Veteran is also granted a TDIU based on his inability to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's cervical spine DJD received a 20% rating from December 12, 2011 to January 28, 2014. The entire period saw a 20% rating for the left upper extremity radiculopathy and a 70% rating for major depressive disorder. A TDIU was granted starting from January 27, 2019.

The Veteran's low back disability is rated at 50 percent, and the effective date for his bilateral lower extremity radiculopathy ratings has been set at December 1, 2014. The Veteran's TDIU claim has also been granted.

The Board has determined that the Veteran's current low back disability is related to service, granting service connection for lumbosacral strain.

The Board denied service connection for various conditions, including lumbar spine injury, bilateral hearing loss, tinnitus, right eye disability (glaucoma), left eye disability (glaucoma), respiratory disability (asthma), chronic disabilities of the upper and lower extremities, hemorrhoids, leukemia, and high cholesterol. The decision also remanded service connection for an acquired psychiatric disability.

The Board has dismissed the appeals of the Veteran's claims for service connection due to his death.

The Veteran's appeal is remanded for further development, including new examinations and medical opinions to address the issues of service connection for various conditions.