Back / lumbar spine decisions — 2023

The Veteran's sleep apnea is found to be caused by his service-connected PTSD, back disability, and associated right lower extremity radiculopathy.

The Board dismissed the appeal for an initial evaluation in excess of 20 percent for lumbosacral strain and IVDS due to lack of a valid substantive appeal. The claim for an increased rating for TBI was denied as the criteria were not met, and the claim for TDIU was also denied.

The Board has granted service connection for a back disorder and a neurologic disorder of the bilateral lower extremities, to include peripheral neuropathy and radiculopathy. The back disorder is related to an in-service helicopter crash, while the neurologic disorder is secondary to the now service-connected back disorder.

The Board has denied service connection for bilateral hearing loss disability and back disability due to the lack of evidence showing a current disability in accordance with VA standards.,For the right hand strain issues, the Veteran's symptoms do not meet or approximate the criteria for higher ratings under any applicable diagnostic codes.

The Veteran's low back disability and right lower extremity radiculopathy have been granted service connection as they are related to his in-service combat injuries.

The Board has withdrawn the Veteran's appeal for an increased rating for right lower extremity sciatic nerve radiculopathy. The remaining issues of entitlement to a higher rating for lumbar spine disability, left lower extremity radiculopathy, SMC for aid and attendance, and TDIU are remanded.

The Veteran's service-connected conditions, including obstructive sleep apnea, Crohn's Disease, and gouty arthritis of the joints, rendered him unable to secure or follow substantially gainful employment.

The Board has remanded the claims due to a duty to assist error regarding the Veteran's worker's compensation records. These records are needed to determine if his current disabilities are related to service.

The Board has restored the Veteran's disability rating for back disability from 40% to 40%, effective January 1, 2020, finding that the reduction was improper due to actual improvement in the Veteran's service-connected condition.

The Board has granted revision of the August 2023 rating decision that assigned a noncompensable disability rating for hypertension, and assigned a 10 percent disability rating. The claim of service connection for back disability is remanded due to inadequate VA examination.

The Board has determined that the VA did not properly consider evidence from earlier periods of service and failed to adequately address the relationship between the Veteran's low back disability and his service-connected feet. The claims are being remanded for further development.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's claims for neck, back, right knee, left knee, right shoulder, and left shoulder disabilities. The claims are being remanded due to a duty to assist error.

The Board has remanded the claims for Obstructive Sleep Apnea and Lumbar Degenerative Disc Disease due to insufficient evidence in the current record.

The Board has dismissed the claims of service connection for a back disability and a right shoulder disability due to jurisdictional issues.

The Veteran's claim for an effective date prior to September 11, 2012 for the grant of service connection for PTSD was denied.,The Veteran's lumbar disability is rated at the highest available schedular rating (10 percent).,The Veteran's scar, right lower extremity does not meet the criteria for a compensable rating.,From November 27, 2017 to August 13, 2018, the Veteran's surgical scar, right foot is rated at the highest available schedular rating (10 percent).,The Veteran's hallux valgus is rated at the highest available schedular rating.,Service connection for chest/heart pain, hypertension, and an unspecified neurological disorder are remanded.,Service connection for a total disability rating based upon unemployability due to service-connected disabilities (TDIU) is also remanded.

The appeal was dismissed due to the Veteran's death, and no final decision can be made for his claims.

The Board has determined that new and relevant evidence has been presented to warrant readjudication of the claims for service connection for lower back, right knee, and left knee conditions. The claims are being remanded for further development.

The Veteran's PTSD claim is dismissed. Service connection for a lumbar spine disability, cervical spine disability, and residuals of a right thumb fracture are granted.

The Board denied the veteran's claim for service connection for a back disability, finding that there was insufficient evidence to establish a nexus between his current back pain and an in-service event or injury.

The Board has vacated the February 2022 decision dismissing claims for increased ratings of right knee and thoracolumbar spine disabilities, and remanded these issues for further development.