Back / lumbar spine decisions — 2023

The Board has remanded the case for further development and examination to assess the severity of the Veteran's lumbar spine disability, including whether he experiences functional ankylosis.

The Board has dismissed the appeals for ratings more than 10 percent for degenerative arthritis of the spine with low back strain, radiculopathy of femoral nerve in the right lower extremity, and radiculopathy of femoral nerve in the left lower extremity.

The Board denied service connection for a back disability, finding that the Veteran's pre-existing condition did not worsen during service and was not aggravated by it.

The Veteran's lumbosacral strain is granted a 40 percent rating from March 4, 2009 to November 24, 2019. The claims for service connection of vision problems, joint pain in bilateral wrists and hands, and stomach condition (gastric ulcer) are remanded.

The Board has decided that the Veteran does not have a current hearing loss disability for VA compensation purposes and denied service connection for bilateral hearing loss. The remaining issues are remanded due to insufficient medical opinions.

The Veteran's bilateral knee disability, low back disability, and neuropathy of the lower extremities are related to his military service. The Board has granted service connection for these conditions.

The Board has remanded the cases for further development and readjudication due to incomplete or missing information. The Veteran's claims of service connection for a dental disability and increased ratings for his thoracolumbar spine disability are being reviewed.

The Veteran withdrew his appeals for increased rating and TDIU related to low back disability. The appeal is dismissed.

The Board has denied the Veteran's claims for service connection for a low back disability and radicular disability of the bilateral lower extremities, finding that his current conditions are not related to his in-service injury. The VA examiner concluded that any current diagnoses were not incurred or caused by service.

The Board has granted service connection for a back disability, including lumbosacral strain with osteoarthritis, degenerative disc disease of the lumbar spine and diffuse idiopathic skeletal hyperostosis. The Board found that the Veteran's current back disability is related to his active duty service.

The Board has remanded the claims for low back and cervical spine/upper back disabilities due to new evidence submitted by the Veteran. The claims are now pending for further evaluation.

The Veteran's low back condition is granted a 40% rating from September 3, 2008 to August 21, 2019. Ratings in excess of this are denied.

The Board has remanded the Veteran's claims for low back, right knee, and left knee disabilities due to insufficient medical opinions addressing the Veteran's lay testimony regarding the onset of his symptoms.

The Board denied service connection for a low back disability, cervical spine disability, and heart disability (to include CAD) due to lack of evidence showing chronicity during or after service.,Service connection was not granted as the Veteran's disabilities are considered to be related to natural aging processes rather than service.

The Veteran's claims for initial compensable ratings for left ear hearing loss, lung disorder, hemorrhoids, right ear hearing loss, bowel disorder, testicle disorder, sinus disorder, back disorder, skin disorder of the feet and body, eye disorder, teeth disorder, and brain lesions were denied as there was no evidence to support these conditions or their service connection.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and low back disability due to insufficient medical opinions regarding the onset of these conditions during or related to his military service. The VA must notify the Veteran about unsuccessful attempts to obtain a copy of his separation examination report, and seek an addendum opinion on the etiology of his low back condition and scoliosis, as well as his obstructive sleep apnea.

The Veteran's appeal for service connection for depression, secondary to a back disability (spondylolysis), has been dismissed. Service connection is granted for the Veteran's back disability, radiculopathy of the left and right lower extremities, and neck disability.

The Veteran's left and right shoulder disabilities are currently rated at 20 percent each, but the Board finds that a higher rating is not warranted.,The Veteran's lumbar spine disability is currently rated at 10 percent, but the Board finds that a higher rating is not warranted.

The Board has found procedural defects in the appeal and remands the case for several issues, including service connection for colon cancer, heart disease, and reopening of a lumbosacral strain claim.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment as of September 13, 2012. The Board has remanded the issue for referral to VA's Director of Compensation Service for extraschedular TDIU consideration from January 9, 2012, to September 13, 2012.