Back / lumbar spine decisions — 2024

The Board has remanded the claims for service connection for back and right shoulder disabilities due to a duty to assist error. The VA opinions obtained in January 2021 were deemed inadequate as they did not address direct service connection.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service-connected adjustment disorder with anxiety and depressed mood; degenerative arthritis of the lumbar spine; and/or status post balloon dilation with mild dysphagia, including obesity as an intermediate step. As such, the claim for secondary service connection for obstructive sleep apnea has been granted.

The Veteran's claim for service connection for tinnitus has been granted.,Service connection for a low back disability and an acquired psychiatric disorder (including depression and anxiety) is denied.

The Board has reinstated the Veteran's lumbosacral strain rating from 40% to 20%, effective September 1, 2022. The reduction was not proper due to a failure to show actual improvement in the Veteran's ability to function under ordinary conditions of life and work.

The Veteran's back disability is granted as service connected. The left ankle strain is remanded for further review.

The Board has remanded the claims for service connection due to incomplete records of the Veteran's Reserve service, which were not obtained. The Veteran contends his migraines, neck condition, and lumbar spine condition are related to a motor vehicle accident in 1983 during reserve training.

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

The Board has decided to remand the case due to a lack of adequate examination for rating purposes, specifically failing to evaluate functional impairment during flare-ups and not including range of motion testing in non-weight-bearing conditions.

The Veteran's back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy are currently rated at 20 percent each. The Board finds that the evidence does not support a higher rating for any of these conditions.,The Veteran's back disability is rated under DC 5242, which requires forward flexion to be limited to 15 degrees or less. The December 2021 VA examination did not find such limitation and found no additional functional loss due to pain, fatigue, weakness, lack of endurance, or incoordination.,The Veteran's bilateral lower extremity radiculopathy is rated under DC 8512 for the minor extremity. The December 2021 VA examination did not find any evidence of severe incomplete paralysis and found no additional functional loss due to pain, fatigue, weakness, lack of endurance, or incoordination.

The Board has determined that the Veteran's claims for service connection for bilateral hip pain, right knee joint pain, left knee strain (previously rated as left knee joint pain), low back pain, and cervical spine condition are remanded due to a failure to obtain complete STRs and personnel records from his period in the Army Reserves. The Board also found that an adequate VA examination was not provided for these claims.

The Veteran's claim for an earlier effective date for SMC HB was denied as the evidence did not show that he met the criteria for SMC HB based on his service-connected disabilities and unemployability.

The Veteran's back disability is not rated higher than 20 percent due to limited forward flexion of the thoracolumbar spine.,The right foot disability does not warrant a compensable rating as it has mild symptoms and no functional loss.

The Veteran's claims for increased evaluations of his cervical spine, lumbar spine, and left lower extremity radiculopathy disabilities have been denied. The Board found the evidence did not support a higher rating based on current symptoms or medical findings.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding whether his lumbar condition is a congenital defect or if it was aggravated by military service. The VA examiner will need to provide opinions on these matters.

The Veteran's low back disability, right and left lower extremity radiculopathy disabilities are related to service. The Board has granted service connection for these conditions. The right and left knee disabilities remain in dispute and the case is remanded. A temporary total rating due to treatment of a service-connected condition requiring convalescence is also remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding whether his lumbar condition is a congenital defect or disease, and if so, whether it was aggravated by military service. The Veteran also seeks service connection for radiculopathy of both lower extremities.

The Veteran's hypertension is granted as a result of the PACT Act, effective August 10, 2022.,The Board finds that there is insufficient evidence to determine whether the Veteran had pre-existing left and right ankle disabilities or lower extremity neuropathy prior to service. The claims are remanded for further examination.

The Board has denied service connection for diverticulosis and remanded the claims for bilateral hearing loss and thoracolumbar spine condition.,Further investigation is needed to determine if there is a link between these conditions and active service.

The Veteran's claim for a rating in excess of 10 percent for his back condition was denied as the evidence did not show that his forward flexion of the thoracolumbar spine was limited to greater than 30 degrees but not greater than 60 degrees.,The Veteran's claims for compensable ratings for bilateral pes planus, left foot hallux valgus, and right foot hallux valgus were denied as there was no evidence showing moderate symptoms or equivalent amputation of the great toe.

The Veteran's lumbosacral spondylolisthesis was evaluated at a 10 percent disability rating, as the evidence did not meet criteria for higher ratings. The Board found that the Veteran's symptoms and range of motion were consistent with a 10 percent rating.