Back / lumbar spine decisions — 2023

The Veteran's cervical and thoracolumbar spine disabilities are granted as service-connected due to continuity of symptoms since active duty.,Secondary service connection for radiculopathy of the bilateral upper and lower extremities is also granted.

The Board has remanded the claims for entitlement to increased ratings for left hip disability, right hip disability, thoracolumbar spine disability, and left lower extremity peripheral neuropathy due to procedural issues.

The Board has granted a 20 percent evaluation for hemorrhoids with anal fissure and papilla beginning October 12, 2016. The Veteran's lumbar spine degenerative arthritis is rated as 10 percent effective July 6, 2017. The Board has also remanded the issues of atopic dermatitis, right lower extremity radiculopathy, and service connection for tinea corporis.

The Board has denied the Veteran's claims for service connection for a back disorder and an acquired psychiatric disorder (PTSD). The case is being remanded to provide the Veteran with a VA examination and medical opinion regarding his PTSD claim.

The Veteran withdrew his appeal regarding service connection for asthma, and the Board dismissed the case as a result.

The Board has remanded the Veteran's claims for service connection for lower back, right hip, and right knee conditions due to potential errors in obtaining VA medical opinions regarding her gait and direct service connection.

The Board has remanded the claims for service connection of back disorder and left lower extremity neuropathy due to insufficient examination reports. The Veteran's conditions are being reviewed again with new evidence.

The Board has granted service connection for achalasia, dysphagia, obstructive sleep apnea, and a back disability. The claim of entitlement to service connection for a hiatal hernia is remanded.

The Board has denied service connection for various conditions, including right and left shoulder disabilities, elbow/arm disability, wrist disabilities, knee disabilities with shin splints, low back disability, neuropathy of the lower extremities, cold weather injury residuals, sleep apnea, TBI, and vertigo. The appeals are based on a direct relationship to service without any presumption or secondary connection.

The Veteran's appeal for an initial rating in excess of 10 percent for cervical degenerative disc disease is remanded. The issue of service connection for multiple concussion residuals was incorrectly identified as being on appeal and will be addressed separately.

The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of his appeal by his authorized representative.

The Board has remanded the TDIU claim due to a failure of the Veteran to submit the required VA Form 21-8940. The case will be returned for further action.

The Veteran's service connection claims for various disabilities are being remanded due to the need for additional development, including obtaining private treatment records from Dr. H.

The Veteran's lumbosacral strain did not meet the schedular criteria for a rating in excess of 20 percent, and there were no incapacitating episodes associated with the disability. The claim for TDIU was also denied.

The Board has granted the reopening of claims for service connection for headaches, sleep apnea, and a back disorder. The claim for hypertension is remanded due to insufficient evidence.

The Board has granted service connection for left tibia and/or fibula fracture, left ankle tendonitis, intervertebral disc syndrome, and right shoulder acromioclavicular joint separation with degenerative arthritis. These conditions are all determined to be related to the Veteran's active duty service.

The Veteran's appeal for a higher rating for his degenerative arthritis, intervertebral disc syndrome (IVDS), and lumbar spine condition has been dismissed as the Veteran withdrew his appeal.

The Board has reopened the previously denied claims of service connection for a low back disability and right lower extremity radiculopathy, finding that new evidence supports these claims. Service connection is granted for degenerative arthritis and DDD of the lumbar spine, with right lower extremity radiculopathy as secondary to this condition.

The Board has remanded the cases due to incomplete records from the Detroit VA Medical Center prior to 2008. The AOJ must obtain these records and ensure they are associated with the claims folder.

The Board has decided that the Veteran's thoracolumbar spine disability and need for regular aid and attendance due to service-connected disabilities must be remanded for further examination and opinion.