Back / lumbar spine decisions — 2023

The claim for service connection for a mid-back disability is dismissed. The claim for service connection for tinnitus is denied, and the claim for an increased rating in excess of 10 percent prior to May 2, 2019, and from July 1, 2019, for degenerative arthritis of the lumbar spine is remanded.

The Veteran's post-operative tear of the right wrist with a sprain and tendonitis has been characterized by pain that causes functional loss, resulting in a denial of a rating in excess of 10 percent.,The Veteran's bilateral hearing loss is remanded for further examination to determine its current severity.

The Veteran's service-connected disabilities did not render him incapable of employment prior to December 17, 2013. The Board denied entitlement to a total disability rating based on individual unemployability (TDIU) on an extraschedular basis.

The Veteran's neck disability and back disability are rated at 20 percent, but no higher. Service connection for lumbar degenerative joint disease and radiculopathy is granted.

The Veteran's back disability, including thoracic spine degenerative arthritis and lumbar strain, is rated at 40 percent disabling as of October 15, 2020. The appeal for higher ratings prior to that date has been denied.

The Board has remanded the case due to inadequate medical opinion and failure to provide adequate reasons and bases for the decision. The Veteran's lumbar spine disorder is being remanded for a new VA examination.

The Board denied service connection for a low back disorder and a respiratory condition, to include bronchitis and COPD, finding no evidence of in-service injury or disease that caused current disabilities.,Service connection was not granted as the Veteran's conditions are considered to be due to natural progression over time rather than an event, injury, or disease incurred during service.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining gainful employment.

The Veteran's lumbar strain and scoliosis with degenerative arthritis and IVDS were found to not warrant a rating in excess of 10 percent prior to January 18, 2020.

The Board has dismissed the appeals as the appellant died during the pendency of these claims.

The appeal for a rating in excess of 10 percent for the service-connected lumbosacral strain with degenerative arthritis and IVDS is dismissed. The Veteran's representative requested to withdraw representation, which was granted by the Board.

The Board has determined that additional development is needed for the issues of increased evaluations for low back strain and right knee disability, as well as the issue of TDIU prior to June 14, 2011. The case will be remanded for further development.

The Veteran's back and left knee disabilities are granted as secondary to service-connected conditions, with the effective date being fixed in accordance with the facts found.,Service connection for sleep apnea is granted as secondary to his service-connected PTSD.

The Veteran's claim of service connection for insomnia has been reopened, and the Board finds new and material evidence to support this claim. The earlier effective date claims are also remanded due to incomplete VA records and potential errors in record association.

The Board has denied service connection for a right knee disability and remanded the cases for further examinations. The Veteran's claims for increased ratings are also being remanded.

The Veteran's appeals for service connection and increased ratings have been dismissed due to his withdrawal of the appeal before a decision was made.

The Board denied service connection for the Veteran's claimed conditions, finding that they were not related to his active service or due to an undiagnosed illness. The claims were also denied as secondary to pre-existing disabilities.

The Veteran's back disability, left and right lower extremity radiculopathy have been granted initial ratings of 40 percent each. Effective April 23, 2015, the Veteran is also awarded a TDIU and Basic Eligibility for Dependents' Educational Assistance (DEA). SMC based on need of regular aid and attendance has been granted from March 18, 2019 to present.

The Board has granted service connection for a low back disability, diagnosed as degenerative arthritis and lumbosacral strain, secondary to the Veteran's service-connected left knee total replacement. The right knee disability issue is remanded due to inadequate examination reports.

The Veteran's appeal is remanded due to inadequate medical opinions for his left knee and low back disabilities. The RO must obtain addendum opinions regarding the severity, frequency, and duration of any flare-ups and repeated use over time.