Back / lumbar spine decisions — 2024

The Veteran's lumbar spine DDD is rated at a 40 percent rating, effective December 1, 2022. Ratings for LLE and RLE radiculopathy are granted at 20 percent from May 13, 2019, and January 21, 2020, respectively.

The Veteran's lumbar strain is granted as service-connected, with an effective date of January 1979.,Service connection for asthma is granted from August 5, 2021, due to exposure to particulate matter in Southwest Asia. The effective date remains August 4, 2010.

The Veteran's left knee disability is granted a separate rating of 10 percent for slight instability beginning on March 11, 2009. His right knee disability is granted a 10 percent rating for limitation of flexion and a 10 percent rating for slight instability beginning on March 11, 2009. The Veteran's lumbar spine disability is granted a 40 percent rating from March 11, 2009 to October 11, 2023.

The Board has determined that the Veteran's current lumbar spine disorder is causally related to an in-service event, and therefore grants service connection for this condition.

The Veteran's sleep apnea is granted as secondary to service-connected PTSD.,The Veteran's neck condition is granted based on a motor vehicle accident during service.

The Veteran's right ankle sprain, bilateral knee instability and meniscal condition, and low back disability are all granted. The right ankle sprain is granted with service connection established. Increased ratings for the knees and a lower rating for the low back prior to August 17, 2022 are also granted.

The Board has determined that further development is needed to address the Veteran's claims for service connection due to her lumbar spine, fibromyalgia, bilateral lower extremities radiculopathy, hip and knee disabilities, and cervical spine conditions. The claims are being remanded for additional examinations and opinions.

The Board has decided to remand the case due to errors in a previous medical opinion regarding direct service connection for thoracolumbar spine disability and scoliosis. The Veteran's back pain was reported prior to separation from service, and he had a diagnosis of scoliosis during service.

The Board has remanded the Veteran's claims for bilateral hearing loss, lower back condition with left leg condition, and respiratory condition (including obstructive sleep apnea and allergic rhinitis) due to a lack of adequate medical examination or opinion. The AOJ is instructed to obtain any outstanding VA treatment records, schedule the Veteran for an appropriate VA examination, and adjudicate her claim for allergic rhinitis on a direct basis and under the PACT Act.

The Board has remanded the case due to a need for additional medical opinions regarding bilateral athlete's foot and consideration of newly submitted evidence. The issues of service connection for various conditions remain on appeal.

The Board has remanded the claim for a new VA examination and medical opinion to determine if the Veteran's low back disability is related to service or any event, injury, or disease in service.

The Board has remanded the Veteran's claim for a higher initial rating for his thoracolumbar spine degenerative disc disease (DDD) due to insufficient evidence regarding the additional loss of range of motion during flare-ups at VA examinations conducted in February 2008, January 2010, April 2011, January 2013, and February 2016.

The Veteran's thoracolumbar strain with IVDS is not rated higher than 40 percent due to lack of unfavorable ankylosis.,The Veteran's sciatic radiculopathy of the left and right lower extremities are both rated at 20 percent, as they do not meet criteria for a higher rating.

The Board has determined that additional evidence was submitted after the initial SOC and before transfer to the Board. Therefore, the case must be remanded for readjudication considering all new evidence.

The Board has restored the 20 percent evaluations for left and right lower extremity radiculopathy, but has remanded the issues of entitlement to higher ratings for lumbar spine degenerative joint disease and degenerative disc disease, as well as left and right lower extremity radiculopathy.

The Board has remanded the Veteran's claims for service connection for a back condition and hypertensive vascular disease due to new evidence submitted since the last decision.

The Board has restored the Veteran's 40 percent rating for his lower back condition, effective June 25, 2018, finding that the evidence did not demonstrate improvement in his ability to function under ordinary conditions of life and work.

The Veteran's bilateral pes planus with plantar fasciitis and unspecified anxiety disorder are granted service connection, while the Veteran's hernia, IBS, lumbar spine disability, left knee disability, and right knee disability are remanded for further review.

The Veteran's service connection claims for various disabilities, including a group I muscle injury and lumbar spine, sacroiliac joint pain, and knee disabilities are remanded due to insufficient medical opinions addressing the etiology of her conditions. The claims will be adjudicated based on the new evidence provided by the addendum opinions.

A rating of 20 percent for the Veteran's back disability is granted from April 21, 2009 to July 1, 2013.,Effective March 14, 2023, a 10 percent rating for left lower extremity radiculopathy is granted.