Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for increased ratings due to insufficient attempts by the AOJ to contact him and schedule examinations. The AOJ is instructed to attempt contacting the Veteran via phone or written communication, reschedule examinations if possible, and provide a rationale for any delays.

The Veteran's right hip arthritis and left knee instability are denied higher ratings. A separate 20 percent rating is granted for the left knee meniscal tear.,Service connection for a right knee disorder on secondary basis is remanded, and an effective date prior to August 12, 2018 for the award of a separate rating for left knee instability is denied.

The Veteran's service connection claims for pes planus and tinnitus have been granted. The Veteran's bilateral hand disability, hip disability, lumbar spine disability, and left toe disability are pending further review.

The Board has remanded the claims for service connection due to confusion in the medical evidence and inconsistencies regarding the nature of the Veteran's conditions during active service. The issues include residuals of rheumatoid arthritis and polyarthralgia, a heart condition, and hypertension.

The Board has denied a rating in excess of 10 percent for the Veteran's lumbar spine sprain and has remanded the issues regarding PTSD with opiate use disorder. The case is now pending further development.

The Board has determined that additional development is needed for the Veteran's claims of service connection for a back condition, left shoulder condition, left knee condition, and allergic rhinitis. The VA will obtain relevant medical records and schedule the Veteran with examinations to determine if his conditions are related to his military service.

The Board has granted service connection for a low back disability, sleep apnea, and sinus disability based on the Veteran's credible reports of in-service injuries.,Service connection is established for these conditions as they are related to his military service.

The Board has granted service connection for the Veteran's low back disability, finding that it is at least as likely as not related to his active service. The decision does not provide a specific rating or effective date.

The Board has granted service connection for obstructive sleep apnea, finding that it is proximately due to or the result of service-connected disorders. The earlier effective dates for various conditions have been remanded.

The Board has decided to remand several cases involving service connection for various joint and musculoskeletal disorders, as well as sleep apnea and inguinal hernia. The Veteran's claims are being returned due to incomplete VA treatment records and inadequate VA nexus opinions.

The Board denied service connection for migraine headaches, a lumbar spine disability (bulging disc), a right knee disability, residuals of a left knee injury, and bilateral hearing loss as there was no evidence of current disabilities or in-service injuries that could be linked to these conditions.

The Board has remanded the Veteran's claims for higher ratings for low back disability, neck disability, and left upper extremity radiculopathy due to insufficient consideration of functional loss and medication effects. The TDIU claim prior to October 29, 2014, is also inextricably intertwined with these issues.

The Board has decided to remand the case due to a lack of recent VA examination for the Veteran's low back disability, which may affect its severity assessment.

The Veteran's claims for an initial compensable rating for laceration injury, right thumb 3rd proximal interphalangeal joint; service connection for right wrist ganglion cyst; and service connection for a low back condition are remanded. The Veteran's claim for service connection for an acquired psychiatric condition is also remanded.

The Veteran's claims for increased ratings of intervertebral disc syndrome, right lower extremity radiculopathy, and left lower extremity radiculopathy have been denied due to the Veteran failing to report for necessary VA examinations without showing of good cause.

The Board has denied the Veteran's claims for service connection for right knee, left knee, and low back disabilities due to a lack of current disability evidence. The Veteran did not have a diagnosed right or left knee disability during her period of active duty service, nor does she currently have such disabilities. For the low back issue, the Board has remanded the case for further development including obtaining VA treatment records and scheduling an examination.

The Board has determined that additional development is necessary for the claims of service connection for various disabilities, including knee and shoulder conditions. The case is being remanded to obtain a VA examination to assess the etiology of these disabilities.

The Veteran's claims for a higher rating and an earlier effective date for her service-connected DDD with spinal fusion and spondylothesis are being remanded due to the need for additional examination and clarification of her disability status.

The Veteran's right knee disability was reduced from 30% to 10%, but the rating is now restored. Service connection for a right hip disability and low back disability as secondary to his right knee disability are granted.

The Veteran's claims for increased ratings and service connection were denied. The decision also noted that the appeal period began on August 25, 2015.