Back / lumbar spine decisions — 2023

The Board has granted service connection for degenerative arthritis and degenerative disc disease of the lumbar spine, finding that these conditions are related to the Veteran's service-connected right ankle disability.

The Veteran's initial disability rating for thoracolumbar spine disability prior to November 24, 2018 was granted at a 20% level. From November 24, 2018 to January 2, 2020, the rating was increased to 40%. Since then, no higher rating is allowed.

The Board has remanded the Veteran's claims for additional development due to inadequate discussion of functional loss and range of motion during flare-ups, as well as ankylosis without consideration of medication effects.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability is denied. The Board found that the Veteran failed to report for a VA examination, and thus the appeal must be denied as a matter of law.

The Veteran's claims for left shoulder, back, and left leg disabilities have been reopened.,Service connection has been granted for psychiatric disability (depression).

The Board has decided to remand the cases for further development and evaluation, including obtaining a new VA examination and requesting additional evidence related to the Veteran's service-connected disabilities.

The Veteran's claims for earlier effective dates for the right knee disability, lumbar spine disability, and left upper extremity CTS were denied as there was no factual evidence of a worsening in symptoms prior to January 17, 2018.,An effective date of January 17, 2018 was assigned for all claims due to the Veteran's formal claim being received within one year of his Intent to File.

The Board has decided to remand the Veteran's claims for obstructive sleep apnea, migraines, right elbow condition, lower back condition, and right knee condition due to insufficient medical opinions regarding their etiology. The VA will need to provide additional examinations and obtain further medical opinions.

The Veteran has withdrawn their appeals for increased ratings for lumbosacral strain and a TDIU, which were previously pending at the Board of Veterans' Appeals. The appeal is dismissed as a result.

The Board has determined that the Veteran's service-connected knee disabilities and instability require separate evaluations from February 1, 2010. The low back disability is also remanded for further development.

The Veteran's service-connected disabilities prevented him from securing and following a substantially gainful occupation during the period from June 2, 2008 to July 26, 2021. The Board granted a TDIU for this period.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected depressive disorder, but denied service connection for cervical spine and low back conditions. The claims of service connection for coronary artery disease (CAD) and hypertension are remanded.

The Board has remanded the Veteran's claims for service connection for mechanical low back pain, an upper back disability, and an acquired psychiatric disorder due to insufficient medical opinions addressing the etiology of these conditions.

The Veteran withdrew all his pending claims, including the claim for a higher rating for his lumbar spine disability.

The Veteran's service-connected disabilities render him unable to follow substantially gainful employment consistent with his education, training, and work experience.

The Veteran's appeal to reopen a claim of entitlement to service connection for cervical strain based on the receipt of new and material evidence is granted. The issues of service connection for PTSD, left carpal tunnel syndrome, right carpal tunnel syndrome, hemorrhoids, right hallux valgus, left hallux valgus, lumbar disc disease and strain, degenerative joint disease of the left knee, right knee tendonitis, and generalized anxiety disorder are all remanded.

The Board has remanded the claims for service connection for sleep apnea, including as secondary to PTSD, a back disability, and/or right lower extremity radiculopathy. The TDIU claim is also remanded.

The Board has determined that the Veteran's claims for bilateral hearing loss, tinnitus, right knee disability, left knee disability, and low back disability are remanded due to insufficient medical opinions regarding service connection. The VA is instructed to obtain authorization and request relevant private treatment records from the Veteran's former employment with the Bureau of Prisons and his current primary physician. Additionally, the Veteran should be scheduled for a VA examination to identify any current disabilities and determine if they are related to his military service or his service-connected left hip tendonitis and left thigh limitations.

The Veteran's lumbar spine disability was not manifested by forward flexion to 30 degrees or less, and thus the claim for an increased rating prior to November 25, 2020, is denied.

The Board has remanded the case due to inadequate medical examinations and a need for a retrospective medical opinion regarding the Veteran's lumbar spine disability prior to July 28, 2016.