Back / lumbar spine decisions — 2024

The Board has remanded several service connection claims due to the need for further development and evidence collection.

The Veteran's claim for an increased rating in excess of 10 percent for degenerative arthritis of the cervical spine, thoracolumbar spine, left knee and left shoulder was denied as he failed to report for a VA examination scheduled in conjunction with his supplemental claim.

The Board has determined that additional development is needed to determine if the Veteran's low back disorder clearly and unmistakably preexisted his military service, and whether it is at least as likely as not related to service.

The Veteran's service-connected disabilities, including sleep apnea, PTSD, low back disability, right and left ankle conditions, pes planus, tinnitus, IBS, and tendonitis, have rendered him unable to secure or follow a substantially gainful occupation since his separation from active duty in May 2016. The Board has granted TDIU effective May 15, 2016.

The Veteran's back disability is currently rated as 10 percent prior to February 25, 2020 and 20 percent from that date. The appeal for a higher rating remains pending.,The Veteran's back disability warrants a 20 percent rating since February 25, 2020 due to guarding severe enough to result in an abnormal gait or spinal contour. However, the claim is still pending as he has not met the criteria for TDIU.

The Veteran's claims for increased evaluations and service connection have been dismissed due to the grant of a claim of service connection for degenerative disc disease and strain of the lumbar spine, which rendered the original claim moot. The new claim of left shin splints has been reopened.

The Veteran's initial ratings for lower back disability and left lower extremity radiculopathy are denied as his conditions do not warrant higher ratings based on the criteria provided in the rating schedule.

The appeals seeking increased ratings for the lumbar spine, skin disease, bilateral upper extremity carpal tunnel syndrome, and bilateral lower extremity sciatic radulopathy are dismissed.,The appeal to reopen a claim of service connection for OSA is granted. Service connection for OSA is now established.,The appeal to reopen a claim of service connection for sinusitis is granted. Service connection for sinusitis is now established.

The Board has remanded the Veteran's claims for service connection due to incomplete VA applications and requests for additional medical examinations.

The Veteran's claim for a compensable rating for chronic testalgia disability was withdrawn by the Veteran during his hearing. The new and material evidence received since the last final denial does not relate to an unestablished fact necessary to substantiate the psychiatric disability claim, as it fails to show any nexus between the current disability and service.,The Board denied the reopening of the claim for service connection for a psychiatric disability due to lack of new and material evidence. The Veteran's back disability was also denied as there is no competent medical evidence linking his current back condition to service.

The Veteran's claims for increased disability ratings for her lumbar spine and right knee disabilities have been denied. The Board found that the evidence did not support a higher rating prior to May 4, 2023 or since then.,For both periods of time, the evidence showed limited range of motion but no ankylosis.

The Board has determined that the Veteran does not have current disabilities for which service connection can be granted, including right and left foot disorders, bronchial asthma, knee, hip, shoulder, or neck DJD, or cervical spondylosis. The evidence does not support a finding of in-service injury, disease, or symptoms.

The Veteran's appeals for increased ratings for degenerative arthritis of the lumbar spine and left lumbar radiculopathy have been dismissed due to his withdrawal of those claims.

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

The Board has remanded the claims for residuals of lumbar discectomy, migraines, peripheral neuropathy (PN), sleep disturbance, cancer of the lymph nodes, blood clots, right testicular condition, and testicular cancer due to incomplete records. The Veteran's TDIU claim is also inextricably intertwined with his other claims.

The Veteran's service connection claims for allergic rhinitis, adjustment disorder with mixed anxiety and depressed mood, left thigh varicose veins, lumbosacral strain (secondary to bilateral pes planus), and right Achilles tendonitis have all been granted.,Service connection has been established for the Veteran's current conditions based on exposure to particulate matter during service in Southwest Asia.

The Board has decided to remand several claims for further development due to insufficient medical information and the need to obtain updated treatment records. The claims include earlier effective dates and evaluations for cervical spine degenerative disc disease, bilateral knee meniscal tears with degenerative arthritis (now claimed as knee pain), residuals of cold injury of the bilateral hands, and posttraumatic stress disorder.

The Veteran's claims for increased evaluations and service connection are being remanded due to the need for additional examinations and medical opinions. The Board will consider whether his back, right great toe, right shoulder, and right wrist conditions are related to service or have been aggravated by service.

The Veteran's injuries from the May 1980 motor vehicle accident are not considered to be in line of duty due to willful misconduct.,Service connection for all claimed conditions is denied as they resulted from the Veteran's own willful misconduct during the incident.

The Veteran's degenerative disc disease of the thoracolumbar spine is rated at 20 percent effective May 17, 2018. Separate ratings for left and right lower extremity radiculopathy are denied.