Back / lumbar spine decisions — 2023

The Board has granted service connection for a lower back disability but remanded the issue of service connection for a neck disability due to insufficient evidence.

The Board denied service connection for lumbosacral spine disability, allergy to ibuprofen, digestive disorder, and sleep disorder (obstructive sleep apnea) as claimed due to an undiagnosed illness. The Veteran did not have these conditions during active service or experience continuous post-service disability.,Service treatment records showed no complaints of or treatment for lumbosacral spine disability, allergy to ibuprofen, digestive disorder, or sleep disorder (obstructive sleep apnea) at any time during active service.

The Veteran's lumbar degenerative disc disease with degenerative changes is rated at 40 percent effective January 24, 2022. The claim for a TDIU was denied.

The Veteran's TDIU rating is granted as of January 27, 2011 due to his service-connected disabilities including PTSD and CAD.

The Veteran's migraine headaches are rated at 50 percent, and he is granted a TDIU from May 1, 2022 due to his service-connected disabilities preventing him from securing or maintaining substantially gainful employment.

The Board has granted the Veteran's claim for service connection for a back disability, including diagnoses of nonspecific back pain, degenerative disc disease, chronic lumbar spondylosis, and/or sacroiliitis. The Board found that the Veteran's current condition is related to his in-service injury.

The Veteran's claims for service connection for a back disorder and DMII were reopened due to new evidence. The right ankle disability appeal was dismissed as the benefit sought has been granted in full. Service connection for dyslipidemia was denied because it is not a qualifying disability for VA purposes. Other issues are remanded for further evaluation.

The Board has remanded the claims for service connection for various conditions including arthritis, heart condition, eye condition, insomnia, hypertension, kidney condition, hearing loss, lower back condition, cervical degenerative disc disease (claimed as neck arthritis and arthritis all systems), and depression due to new evidence being added since the last decision.

The Board has remanded the claims for additional development due to inadequate opinions regarding the relationship between the Veteran's service-connected asthma and his claimed conditions, including hypertension, type 2 diabetes mellitus, sleep apnea, right knee condition, low back condition, and right shoulder condition. The VA is requested to obtain new opinions addressing these issues.

The Veteran's tinnitus claim is denied as the maximum schedular rating has been assigned.,The claim for service connection for sleep apnea was previously denied, but reopened due to new and material evidence. The issue remains on appeal.,The Veteran's degenerative arthritis of the lumbar spine, radiculopathy of the right lower extremity, radiculopathy of the left lower extremity, status post left knee injury with mild arthritis, otitis media, and hearing loss are all remanded for further evaluation.,The Veteran's service connection claim for sleep apnea is remanded as new evidence has been received. The issue remains on appeal.,The Veteran's TDIU claim is also remanded due to the inextricably intertwined nature with other issues.

The Board has granted service connection for the Veteran's lumbar spine degenerative arthritis and spinal fusion as secondary to his service-connected cervical spine disability.

The Board has determined that the appellant's claims for service connection for back condition, traumatic head injury, and headaches associated with traumatic head injury are denied as his accounts of in-service events and injuries were not credible.

The Board has granted service connection for lumbar degenerative arthritis and vertigo, finding that the Veteran's conditions began during her military service and have continued since then. The remaining issues of pes planus, bilateral shin splints, and remand are addressed in the Remand section.

The Board has remanded the claims for a VA examination to determine the nature and etiology of the Veteran's current back disorder. The other issues remain denied as there is no persuasive evidence of a current disability or in-service injury.

The Board has remanded the claims for increased disability evaluations due to inadequate medical opinions in the January 2021 VA examination and opinion.

The Veteran's service-connected lumbar spine degenerative joint disease is granted. Service connection for other specified personality disorder with paranoid and avoidant traits is denied. The initial rating for the Veteran's service-connected acquired psychiatric disability (major depressive disorder) remains at 70 percent.

The Veteran's appeals for increased ratings and service connection were dismissed. The Board also remanded the issue of service connection for a back disorder, which requires further examination.

The Veteran's thoracolumbar strain is currently evaluated at 20 percent, but the evidence does not support a higher evaluation due to limited forward flexion of less than 30 degrees.,The Veteran's right knee strain is currently evaluated at 10 percent, and there is no evidence supporting an increase in this rating.

The Veteran's claim of service connection for a low back disability is dismissed as the appeal was improperly concurrent with another review.,The Veteran's claim for service connection for headaches remains denied because the submitted evidence does not address the in-service and/or nexus elements of the claim.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they allow him to engage in sedentary work that does not require significant physical exertion or prolonged standing.