Back / lumbar spine decisions — 2023

The Veteran's sinusitis is granted service connection due to exposure to burn pits during service. The appeal for the initial rating of TBI with PTSD is dismissed as the Veteran withdrew his appeal. Service connection for right knee and low back disabilities are remanded.

The Veteran's service-connected conditions render him unable to secure or follow a substantially gainful occupation, and the Board has granted his claim for total disability rating based on individual unemployability (TDIU).

The Veteran's claim for service connection for a back disability was denied due to lack of new and material evidence. The application to reopen the claim is also denied.,The Veteran's claim for an evaluation in excess of 40 percent for residuals of a fractured jaw from January 17, 2018 remains denied as there are no dietary restrictions to all mechanically altered foods that warrant a higher rating.,Service connection for a flat foot disability was denied because the pre-existing condition did not worsen during service and the presumption of aggravation does not apply. The Veteran's claim for bilateral hearing loss is remanded due to conflicting medical evidence.

The Board has remanded several claims for service connection, including those related to lumbar spine disability, cervical spine disability, right shoulder disability, left shoulder disability, skin disorder, sinusitis, GERD, and an acquired psychiatric disorder. The claims are being returned to the RO for further development.

An effective date of January 19, 2017, is granted for service connection for RLE radiculopathy.,A disability rating of 40 percent for lumbar spine degenerative arthritis and IVDS with scoliosis is granted from February 1, 2021, through July 25, 2023.,From July 26, 2023, a higher than 20 percent rating for lumbar spine degenerative arthritis and IVDS with scoliosis is denied.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected post-traumatic stress disorder, thoracolumbar spine sprain with degenerative changes, and bilateral knee conditions.

The Board has reopened the claim for service connection for scoliosis and granted service connection for a lumbar spine disability. The Veteran's current conditions are attributed to military service.

The Board has dismissed the appeals for ratings in excess of 40 percent for lumbosacral spine strain with degenerative disc disease and entitlement to a rating of total disability due to individual unemployability based upon service-connected disorders prior to August 2, 2010. The appeal is dismissed due to the death of the appellant.

The Veteran's claim for service connection of a back disability is being remanded due to the failure to obtain a medical opinion as instructed in the previous remand order.

The Board has reopened the Veteran's claims for service connection for lumbar spine, cervical spine, left shoulder and residuals of a head injury disabilities. However, due to incomplete records from his in-service period, a remand is necessary to obtain VA examinations to determine the etiology of these disabilities.

The Veteran's appeal is remanded for further development regarding the issues of service connection for low back, left elbow, and left knee conditions, as well as an initial rating in excess of 70 percent for PTSD.

The Board denied the Veteran's appeal because his April 2017 substantive appeal was not timely filed, and thus the April 2015 rating decision is final.

The Veteran's appeal involves multiple issues, including service connection for various conditions and rating claims. The Board has determined that further examination and/or medical opinions are needed to address these matters.

The Veteran's left knee instability is restored to a 10 percent rating from April 28, 2017 to March 5, 2021. Service connection for atrophic vulvovaginitis and degenerative disc disease and arthritis lumbar spine are granted as secondary to service-connected left knee.

The Veteran's claim for a rating in excess of 20 percent for her lumbar para spinal muscle spasms (spinal condition) is denied.,The Veteran's claim for a compensable rating for left knee limitation of extension is denied.,The Veteran's claim for a rating in excess of 10 percent for symptomatic patellar tendonitis of the left knee with degenerative arthritis is denied.

The Veteran's claim for service connection for bilateral hearing loss was denied as there is no current disability of bilateral hearing loss for VA purposes.,The Veteran's claims for increased ratings for his back, right shoulder, and right knee disabilities were remanded due to inadequate examinations.

The Board has denied service connection for gastric ulcer and lower back disability, with the upper back disability being remanded for further examination.

The Board has denied service connection for a right ankle condition and has remanded the issues of service connection for lumbar spine, cervical spine, left hip, and right hip conditions, as well as plantar fasciitis and blood clot condition (secondary to lumbar spine condition).

The Veteran's claim for a higher rating for his service-connected lumbar spine strain is remanded due to the failure to attend a scheduled VA examination and incomplete medical records.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and opinions.