Back / lumbar spine decisions — 2024

The Board found that the reduction in disability ratings for LLE and RLE lumbar radiculopathy involving the anterior crural nerve from 10 percent to noncompensable was proper, as there had been improvement in the Veteran's condition.

The Board has granted service connection for bilateral hearing loss. The remaining claims of service connection for chronic sinusitis, left shoulder strain, lumbosacral strain, and radiculopathy, right lower extremity are remanded due to the need for additional medical opinions.

The Veteran's asthma and right lumbar radiculopathy ratings were reduced, but the reductions were not proper. The 30% rating for asthma and the 20% rating for right lumbar radiculopathy have been reinstated.,The issue of service connection for neck strain with degenerative changes was dismissed as moot.

The Board has determined that the Veteran's lumbar spine and right hip conditions are related to his active duty service, but not due to or aggravated by his service-connected right knee or leg conditions. The case is being remanded for further examination and opinion.

The Board has remanded the case for a VA medical examination to address the nature and etiology of any respiratory disability, including service connection based on herbicide exposure. The Veteran's psychiatric condition, back, bilateral knee, and bilateral hip disabilities are denied.

The Veteran's initial disability rating for right knee traumatic arthritis is denied, as the evidence does not meet the criteria for a higher rating.

The Board has denied the Veteran's claims for service connection for sleep apnea, migraine headaches, and right ear hearing loss. The Board has also remanded the Veteran's claims for a compensable rating for his head scar and for service connection for his lower back disability.

The Veteran's claim for a higher evaluation of his right shoulder disability is granted, with an effective date prior to the May 27, 2023, VA Form 10182 submission.

The Board has granted service connection for tinnitus and has remanded the claims of a lower back condition and left lower extremity radiculopathy due to inadequate VA examinations.

The Board has denied the Veteran's claim for service connection for a back disability, finding that there is no evidence to support a link between his current condition and military service.

The Board has remanded the case due to insufficient evidence from a September 2019 VA examination, and an additional VA examination is needed to determine the current severity of the Veteran's lumbosacral spine disability.

The Veteran's cervical and thoracolumbar spine disabilities are granted as service-connected, with a 40% rating for right upper extremity radiculopathy effective March 20, 2018.

The Veteran's claims for increased ratings and service connection were addressed in a September 2020 rating decision, which granted the requested effective dates.,The Veteran was granted service connection for an adjustment disorder with mixed anxiety and depression associated with GERD with H. Pylori status post laparoscopic Nissen fundoplication with residual bloating, flatulence, and inability to vomit, to include IBS.

The rating for lumbosacral strain with degenerative disc disease, lumbar spondylosis, and intervertebral disc syndrome was restored to 20 percent effective September 17, 2019.,A 30 percent rating for cervical spine strain with degenerative endplate changes at C4-C7 is granted effective May 9, 2019.,A 30 percent rating for migraine headaches is granted effective May 9, 2019.

The Board denied the Veteran's claims for increased ratings for chronic lumbar strain, right lower extremity radiculopathy, and left lower extremity radiculopathy. The evidence did not support a higher rating for any of these conditions.

The Board dismissed the appeals for earlier effective date, increased disability rating, and TDIU for lumbar spine disability as the Veteran's August 30, 2023 submission was construed as a motion for reconsideration of an August 10, 2022 decision.

The Board has decided to remand the case due to insufficient medical opinions regarding whether service-connected disabilities caused obesity or aggravated it, and if obesity was a substantial factor in causing OSA.

The Veteran's service-connected disabilities, including his lumbar spine and radiculopathy conditions, right knee disability, unspecified depressive disorder, sciatic nerve radiculopathies, femoral nerve radiculopathies, and tension-migraine headaches have rendered him unable to secure or follow a substantially gainful occupation since June 5, 2019.

The Board has remanded the claims of increased ratings for cervical spine degenerative disc disease and tension headaches due to pre-decisional duty to assist errors, specifically missing private treatment records from chiropractors and a recent VA examiner's opinion.

The Veteran's claims for increased ratings were denied, and the case was remanded with respect to a TDIU issue. The low back disability is rated at 10 percent, right lower extremity radiculopathy at 10 percent, and left lower extremity radiculopathy receives a separate 10 percent rating.