Back / lumbar spine Board decisions

The Board has granted service connection for the Veteran's L4-L5 and L5-S1 degenerative disc disease (DDD) and right L4-5 disc herniation with radiculopathy, finding that it is related to his service-connected right knee PFPS with osteoarthritis, right ankle sprain with residual instability, and/or right foot plantar fasciitis.

The Veteran's appeal includes multiple issues related to various disabilities, including GERD and several musculoskeletal conditions. The initial rating for GERD was denied due to the lack of symptoms meeting a higher rating criteria. Other claims are remanded as there is insufficient information regarding the Veteran's service-connected periods.

The Board has granted service connection for tinnitus, but denied service connection for all other claimed disabilities. The Veteran's tinnitus is presumed related to his military service due to in-service noise exposure. However, the low back disability and other conditions are not shown to be related to his active duty service.

The Veteran's hypertension was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. The disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's reactive airway disease began during active service, but the evidence of record does not support a finding that it was caused by an in-service event or injury.,The Veteran's low back condition did not begin during active service and is not otherwise etiologically related to an in-service injury or disease.

The Board has identified deficiencies in the November 2020 VA examinations and finds that these constitute pre-decisional duty to assist errors. The Veteran's cervical spine and left hip disabilities need to be re-evaluated by VA examiners.

The Veteran's appeals for service connection for an acquired psychiatric disability, a left knee disability, and a rating in excess of 10 percent for lumbosacral strain have been dismissed due to the filing of a VA Form 10182 without withdrawing the prior request for supplemental review.

The Veteran's obstructive sleep apnea is due to his service-connected disabilities, including bilateral carpal tunnel syndrome, a lumbar spine disability, a left shoulder disability, a cervical spine disability, and bilateral lower extremity radiculopathy. Obesity was a substantial factor in causing the Veteran's obstructive sleep apnea.

The Veteran's PTSD is rated at 70 percent, but the Board finds that it does not meet the criteria for a higher rating. The Veteran also meets the requirements for TDIU due to his service-connected disabilities.

Service connection for a lumbosacral strain and bilateral lower extremity radiculopathy is denied.,The Veteran's service connection claims were denied due to lack of evidence showing onset or continuity of symptoms during service, and the current conditions are not etiologically related to service.

The Board has determined that new and relevant evidence has been submitted to support the Veteran's claims for service connection for hypertension and a low back disorder. As such, these issues are being remanded for further development.

The proposed reduction in rating for service-connected lumbosacral strain from 40% to 20% is dismissed because the action was not a final decision affecting the provision of benefits.

The Board has reopened the claim for service connection for a back disability due to new and relevant evidence received. However, the claim is denied as there is no evidence showing that the Veteran's current back disability originated in or was aggravated by his military service.

The Veteran's lumbosacral strain is currently rated at 20 percent, which does not meet the criteria for a higher rating. The Board found that his forward flexion of the thoracolumbar spine was 60 degrees, which does not warrant an increased rating.

The Veteran's claim for a rating in excess of 40 percent for his low back condition was denied. The Board found that the evidence did not support an increase to this level, as there was no unfavorable ankylosis. The Veteran's TDIU claim since November 19, 2020, was granted.

The Veteran's hemorrhoids were not rated higher than a compensable rating.,Tinnitus was evaluated at the maximum schedular rating available for that disorder.,Bilateral hearing loss was rated at 30 percent effective October 18, 2019.,Cervical spine disability was rated at 50 percent as of October 18, 2019.,Tension headaches were rated at 50 percent as of October 18, 2019.,Lumbar spine disability was not rated higher than 20 percent prior to February 7, 2020.,RUE radiculopathy and LUE radiculopathy were both rated at 20 percent.,Residual lumbar spine scar did not meet the criteria for a compensable rating.

The Veteran's lumbosacral strain was previously rated at 10 percent and increased to 20 percent effective September 22, 2021. The appeal for higher ratings is denied.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need to obtain Social Security Administration records.

The Veteran's claims for increased ratings and TDIU are being remanded due to insufficient VA examinations.

The claims of service connection for anemia, plantar fasciitis, a back condition, headaches, dehydration, hypercholesterolemia, and vitamin deficiency are dismissed.

The Veteran's radiculopathy of the right lower extremity is rated at 10 percent, which was reduced from 20 percent. The ratings for DDD other than with IVDS and status post laminectomy L4-L5 of spine and right hip degenerative arthritis (thigh, impairment of) are not restored.