Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for service connection for right leg pain, low back disability, and bilateral foot disability due to inadequate examination opinions. The issues are related to whether these disabilities are secondary to his service-connected varicose veins.

The Veteran's service-connected low back, right ankle, and right femur disabilities are being remanded for additional development to determine their current severity.

The Veteran's lumbar spine disability is rated at 10 percent, and his right and left lower extremity radiculopathy are each rated at 20 percent. The rating for the lumbar spine disability remains unchanged, while both lower extremity radiculopathies receive separate ratings.

Service connection has been granted for degenerative disc disease of the thoracolumbar spine, tendinitis of the left ankle, and a left scrotum condition.,The Veteran's low back disorder is service-connected due to an in-service injury during combat. The left ankle disorder was also incurred during service.

The Board has remanded the issues of service connection for low back, left knee, right knee, residuals of left rib injury, sleep apnea, and bilateral foot disabilities due to additional evidence being added to the claims file.

The Veteran's service-connected lumbar spine degenerative arthritis, degenerative disc disease, spondylolisthesis, and intervertebral disc syndrome is granted a 40 percent disability rating prior to December 6, 2021. From December 6, 2021, the disability rating remains at 40 percent.

The Veteran's appeals for service connection and increased ratings for various conditions have been dismissed.,A claim for service connection for sleep apnea has been reopened, but the matter is still pending.

The Veteran's tinnitus is service connected, and he has a current diagnosis of hypertension. The gastrointestinal condition (IBS and GERD) and psychiatric disability are not service connected. Right knee, left knee, right shoulder, low back, and left middle finger conditions remain on appeal.,Further evaluations are needed to determine the nature and etiology of the Veteran's gastrointestinal condition, psychiatric disability, and lower extremity radiculopathy.

The Veteran's lumbar spine DJD and lower extremity radiculopathy are rated at the lowest possible levels, with no higher ratings granted. The right knee patellofemoral syndrome is also rated at the lowest level.

The Board has granted service connection for lumbar spine arthritis, finding that the Veteran had in-service injuries and chronic symptoms of arthritis during service. The decision is based on presumptive service connection due to a diagnosed condition (lumbar spine arthritis) being shown as such in service.

The Board has decided to remand the cases for further development and examination, including obtaining new VA opinions regarding the Veteran's right knee and lower back disabilities.

The Board has remanded the Veteran's claims for service connection for various conditions, including a low back condition, bilateral knee and foot conditions, left ear hearing loss, an eye condition (dry eye syndrome), a skin condition (psoriasis), a thyroid condition, an acquired psychiatric disorder, a left parapharyngeal space mass, a salivary gland disorder, and bilateral tenosynovitis of the wrists.,The Veteran's claims for service connection are currently pending due to remand orders.

The Board has determined that the Veteran's claims for service connection are remanded due to insufficient evidence regarding the nature and etiology of his back disability, bilateral knee disabilities, and bilateral lower extremity peripheral neuropathy. The Veteran is required to provide an adequate opinion on these matters.

Service connection for PTSD is granted, and secondary service connection for alcohol abuse disorder as secondary to PTSD is also granted.,The effective date of February 25, 2011 for left lower extremity radiculopathy is granted. The claims for bilateral knee disorders are reopened.,Increased ratings for right shoulder disability, left lower extremity radiculopathy, and right lower extremity radiculopathy are remanded. Increased rating for low back disability is also remanded.,Service connection for a bilateral foot disability, left shoulder disability, and neck disability is remanded.

The Veteran's claims for service connection of various disabilities are remanded due to lack of substantial compliance with prior Board remands.

The Board has remanded the claims for earlier effective dates for Total Disability Rating Based on Individual Unemployability (TDIU) and Dependent's Educational Assistance (DEA), as well as the TDIU claim, due to procedural errors in the previous decisions.

The Veteran's left lower extremity radiculopathy is granted an initial increased rating of 40 percent effective December 3, 2019. The Veteran's degenerative arthritis of the thoracolumbar spine remains rated at 20 percent prior to this date.

The Board has remanded several issues for further development, including a VA medical opinion on the Veteran's characterization of service and a VA examination to evaluate his lumbar spine disability. The remaining claims are also being remanded.

The Board has remanded the claims for service connection due to insufficient evidence and need for further development. The low back disability is being reviewed, along with the secondary radiculopathy claim.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for further development. The lumbar spine strain claim is denied as it does not meet the criteria for a higher rating, while left and right ankle degenerative arthritis claims do not warrant an increase in their current 10% ratings.