Back / lumbar spine decisions — 2024

The Board has remanded the claim for nonservice-connected pension (NSP) for the period from October 31, 2012, to January 21, 2013 due to insufficient development following prior remands. The Veteran's income and countable income during this period need to be documented.

Throughout the period on appeal, the Veteran's cervical spine disability warrants an initial rating of 20 percent. The low back disability was rated at 10 percent prior to July 21, 2023, and at 40 percent thereafter.

The Veteran's appeals have been dismissed as he has withdrawn his appeal for all issues.

The Veteran's claim for service connection for a low back disability secondary to his right knee disability has been granted.,However, the Veteran's claim for service connection for obstructive sleep apnea was denied as there is no evidence of its onset in service or due to any service-connected condition.

The Board has remanded the claims for service connection due to outstanding medical records and authorization issues. The Veteran's lumbar spine disorder, peripheral nerve disorders, and acquired psychiatric disorder are all in question.

The Veteran's left ankle strain and degenerative joint disease of the left first metatarsal are currently rated at 10 percent each, with no higher ratings allowed under current regulations.,The Veteran's lower extremity radiculopathy and compression parasthesia associated with lumbosacral strain since March 17, 2023 is also rated at 10 percent.

The Board has remanded the case due to insufficient evidence regarding the onset and relationship of the Veteran's lumbosacral spine disabilities to his military service.

The Board has determined that the Veteran's current neck disability is related to his service, and therefore grants service connection for this condition.

The Veteran's TDIU effective date is granted as of June 1, 2009. The Board found that the functional impairment from his service-connected disabilities prevented him from engaging in substantially gainful employment since that date.

The Board has remanded both issues for further development and consideration. The first issue is related to the character of discharge from active military service, while the second concerns service connection for a lumbar spine disability.

The Veteran's service-connected PTSD, anxiety, and depressed mood are granted. His OSA is rated at the maximum allowable rating of 50 percent. The right ankle sprain and TBI residuals as of April 18, 2019, each receive a 50 percent rating.

The Board has granted service connection for a lumbar spine disability, finding that the appellant's pre-existing condition was permanently aggravated by her ACDUTRA service. The right leg condition is remanded as it may be related to the lumbar spine disability.

PTSD service connection is dismissed.,Right and left knee disabilities are characterized by pain and limited range of motion in flexion and extension. The Veteran's right knee disability warrants a rating of 20 percent, but no higher, from December 10, 2020. Left knee disability also warrants a rating of 20 percent, but no higher, from the same date.,Cervical strain is characterized by pain and limitation of motion. The Veteran's cervical strain warrants a rating of 30 percent, but no higher, since December 10, 2020.,Lumbosacral strain is characterized by forward flexion limited to fewer than 30 degrees from the date specified. From that date, it warrants a rating of 40 percent, but no higher.,Left and right lower extremity radiculopathy are secondary to lumbosacral strain.

The Veteran's claims for increased ratings on his service-connected left wrist fracture, lumbar strain, left hip bursitis, and degenerative changes to the left knee are being remanded due to a lack of recent VA examinations.

The Veteran's claims for service connection have been reopened, and the Board has determined that new and material evidence has been received to support his claims. The Veteran is now granted service connection for hypertension (HTN), erectile dysfunction (ED), a respiratory condition including bronchial asthma/COPD, a lumbar spine disability, restless leg syndrome of both lower extremities, gout, and obstructive sleep apnea (OSA).

The Veteran's TDIU claim is remanded due to the need for a new examination to assess his lumbar spine disability, pes planus, and bilateral lower extremity radiculopathy. The examiner must consider the severity of flare-ups and functional limitations caused by these conditions.

The Veteran's low back condition is rated at 40 percent, and the Board has granted a 20 percent rating for right lower extremity radiculopathy and left lower extremity radiculopathy. The appeal regarding service connection for obstructive sleep apnea and erectile dysfunction is remanded.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for new examinations to assess the current severity of his service-connected disabilities.

The claim for service connection for a neck disorder was denied. The rating for low back strain with degenerative disc disease, arthritis is remanded and the TDIU claim is also remanded.

The Board has decided to remand the Veteran's claims for service connection for a right knee disorder and low back disorder due to incomplete compliance with previous remands, inadequate medical opinions, and missing service treatment records.