Back / lumbar spine decisions — 2023

The Board has remanded the claims for lumbosacral strain and bilateral foot disability due to potential incomplete service records and inadequate consideration of the appellant's lay statements in previous examinations.

The Veteran's appeal of the rating assigned for his service-connected lumbar muscle spasm was remanded due to an inadequate examination report. The Board also found that the issue of entitlement to TDIU should be addressed as part of the Veteran's appeal.

The Veteran's claims for service connection for diabetes mellitus, degenerative arthritis of the lumbar spine, and degenerative arthritis of the cervical spine were denied. The Veteran's claim for a higher evaluation for hernia residuals with scarring was also denied.,Service connection was not granted as the evidence did not support a link between these conditions and service or any service-connected disabilities.

The Board has granted the Veteran's claim for service connection for chronic back condition, finding that her current back condition is related to in-service injuries and resolving all doubts in her favor.

The Veteran's lumbar spine disability is rated at 40 percent from May 20, 2015, to May 2, 2021. A higher rating of more than 40 percent for the lumbar spine disability since May 20, 2015, has been denied.

The Veteran's bowel and bladder impairments are not separately rated as they are considered part of his service-connected spondylolisthesis of L5 and S1 with spondylolytic changes and degenerative disc disease.

The Board has determined that additional development is needed for the issues of service connection for left knee, right knee, and low back disorders due to conflicting medical opinions and testimony from the Veteran regarding the etiology of these conditions.

The Board has remanded the service connection claims for a left shoulder disorder, right hip disorder, and lumbar spine disorder due to inadequate medical opinions and need for clarification on whether a left shoulder disorder is currently diagnosed.

The Board has remanded the claims for hypertension, right knee disability secondary to hypertension, right shoulder disability secondary to hypertension, and low back disability (narrowing of the disc space L4-L5 with degenerative changes at L5-S1) secondary to hypertension due to insufficient opinions on the etiology of these conditions.

The Board has granted service connection for a right ankle disability, to include arthritis. The remaining issues of service connection for lumbar spine disability, left shoulder strain, and psychiatric disability are remanded.

The Board has denied service connection for a hearing loss disability of the right ear. The issues of service connection for residuals of TBI, acquired psychiatric disability (including PTSD, depression, anxiety, and substance abuse), pulmonary disability (including COPD and emphysema), and lumbar spine disability are all remanded due to insufficient evidence.

The Board has remanded the Veteran's claims for service connection due to insufficient verification of his periods of active duty, ACDUTRA, and INACDUTRA. The AOJ is instructed to identify these periods and obtain all outstanding service treatment records.

The Board has granted service connection for low back disabilities, including degenerative joint disease of the thoracolumbar spine and compensatory lumbar scoliosis. The decision is based on a finding that these conditions are related to the Veteran's active duty due to their progression from his in-service leg length discrepancy.

The Veteran's low back disability and sciatic radiculopathy of the right leg were granted initial ratings of 20 percent, with a subsequent increase to 40 percent for the right leg from August 16, 2022. The left leg radiculopathy was also granted an increased rating to 40 percent from that date.,The Veteran's low back disability and sciatic radiculopathy of both legs were rated based on their respective conditions without any presumption or secondary service connection.

The Board denied the Veteran's claims for service connection for lumbar spinal stenosis, left lower extremity sciatica, and right lower extremity sciatica as these conditions are not related to his service-connected L2 compression fracture.

The Board has denied the Veteran's claims for service connection of lower back, right hip, and left hip conditions.,However, the Veteran was granted an initial increased rating to 50 percent for unspecified trauma and stressor-related disorder.

The Board denied the Veteran's claims for service connection for a neck disability and TDIU due to service-connected disabilities. The evidence did not show that his current neck disability was related to service or any other service-connected condition, nor did it demonstrate continuity of symptomatology since service.

The Board has denied the Veteran's claim for service connection for a low back disorder as there is no credible evidence of an in-service injury or disease, and the current condition is not shown to be related to service.

The Veteran's lumbar spine disability and radiculopathy of the bilateral lower extremities have been granted service connection as direct service connection, with no presumption or secondary service connection issues addressed.

The Board has remanded the claims for further development due to inadequate compliance with previous remand directives. The Veteran's right knee disability is alleged to have caused or aggravated his claimed disabilities, including lumbar spine, cervical spine, left hip, right hip, and left knee disabilities.