Back / lumbar spine decisions — 2023

The Board has remanded several claims, including those for hepatitis C and its secondary conditions, as well as the bilateral knee disability and back/neck disabilities. The TDIU claim is also deferred due to being inextricably intertwined with these issues.

The Veteran's service connection for obstructive sleep apnea as secondary to his service-connected disabilities is granted. The rating in excess of 10 percent prior to February 24, 2020, for a lumbar spine disability remains remanded.

The Board has dismissed the appeal of the ratings for the Veteran's service-connected cervical and lumbar spine disabilities.

The Veteran's claim for service connection for erectile dysfunction was denied. The Board found the evidence against a finding that his ED is caused or aggravated by his service-connected disabilities. For TDIU, the Veteran was granted from April 30, 2014 to present due to combined disability rating of 70 percent and not meeting schedular criteria prior to February 6, 2013.

The Board has remanded the claims for bilateral hearing loss, bilateral shoulder disability, and back disability due to insufficient development. The Veteran's service connection claims are not granted as there is no evidence of a current disability related to his in-service noise exposure or injury.

The Board has remanded the claims for service connection for a back condition, hemorrhoids, and sciatica due to new evidence received since the last denial. The Veteran's lay testimony will be considered in determining the etiology of his conditions.

The Board has granted service connection for right shoulder rotator cuff tendonitis, left shoulder rotator cuff tendonitis, left subacromial/subdeltoid bursitis and left acromioclavicular joint osteoarthritis, and cervical intervertebral disc syndrome and cervical degenerative disc disease and myelomalacia due to these conditions being proximately due or aggravated by the Veteran's service-connected disabilities.

The Board denied service connection for a lumbar spine disability, finding that the evidence did not support a finding of in-service incurrence or relationship to service.

The appeals seeking service connection for various conditions, including a back condition and its related radiculopathy and hip issues, have been dismissed due to the Veteran's death.

The Board has granted service connection for low back and right knee disabilities, but has remanded the claims of obstructive sleep apnea and hepatitis C due to insufficient evidence.

The Board has remanded the cases for further development and adjudication due to incomplete evidence from previous examinations.

The Veteran's depressive disorder and lumbosacral strain with degenerative joint and disc disease have been rated at 70 percent since December 19, 2011. The Board has remanded the case for further development.,The Veteran is currently assigned a 70 percent evaluation for his service-connected mental health disability.

The Board has remanded the Veteran's claims for service connection for a right ankle condition and a low back condition due to insufficient evidence in the record.

The Veteran's claims for various conditions are being remanded due to the need for additional medical examinations and development of records.

The Board has remanded the case due to insufficient rationale for determining the functional impact of the Veteran's condition, and a new addendum opinion is required.

The Veteran's PTSD with shortness of breath and residuals of TBI is rated at 70 percent, which is the maximum available rating under the General Rating Formula for Mental Disorders.,The Veteran's lumbar spine disability has not been shown to warrant a higher than 10 percent rating.

The Board has remanded the case due to concerns raised in Joint Motion for Remand (JMR1) and JMR2, requiring an adequate medical opinion on the etiology of the Veteran's back disability. The appeal is now pending again.

The Veteran's service connection claims for migraine headaches and obstructive sleep apnea were denied as there was no evidence linking these conditions to his military service.,Service connection for degenerative disc disease of the right knee with limitation of extension was granted, but a higher rating is not warranted due to lack of additional functional impairment during flare-ups.

The Board has remanded the claims for increased ratings and service connection for erectile dysfunction due to a lack of substantial compliance with prior remand directives. The Veteran's erectile dysfunction is being remanded for a new opinion addressing all of his contentions regarding its onset.

The Board has reopened the Veteran's claims for service connection for a back disability, hypertension, and sleep apnea due to new evidence. However, these claims are still pending as they have been remanded for additional development.