Back / lumbar spine Board decisions

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.

The Veteran's claims for increased ratings for his lumbar spine condition, left lower extremity femoral radiculopathy, and right lower extremity femoral radiculopathy have been dismissed. The Veteran is granted an initial 20 percent disability rating for his right lower extremity femoral radiculopathy.

The Veteran's request for an increased rating for his right hallux valgus and lumbosacral strain was denied. The Board found that the Veteran is already receiving the maximum rating allowed under current criteria, and a higher rating is not available. For the lumbosacral strain issue, the Board determined there were insufficient examination findings to determine the severity of the disability and thus remanded for further evaluation.

The Board has granted service connection for degenerative arthritis of the lumbar spine, finding that it was manifested within one year of discharge from service and resolving all reasonable doubt in favor of the Veteran.

The Board denied the Veteran's claims for service connection of a left ankle disability and an increased rating for his thoracolumbar spine disability, finding that there was no current evidence of these conditions during or close to the appeal period.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance on and after February 18, 2020.

The Veteran's initial ratings for cervical and lumbosacral spine disabilities were denied as they do not meet the criteria for higher ratings under VA rating criteria.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds that a higher evaluation is not warranted. The Veteran does not have unfavorable ankylosis of the entire thoracolumbar spine. For TDIU, the Veteran has met the schedular requirements with a combined rating of 90% excluding the temporary total rating period.