Back / lumbar spine Board decisions

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for lumbar degenerative joint disease with history of lumbosacral strain/sprain prior to November 5, 2019 and TDIU prior to January 30, 2023 due to insufficient evidence. The Veteran will need additional VA examinations to determine the severity of his disability.

The Veteran's appeals for increased ratings and service connection have been dismissed. The Board has remanded several issues related to the Veteran's disabilities, including right hip disability, left hip disability, PTSD, radiculopathy of the upper extremities, rotator cuff tendonitis strain of the shoulder, bilateral feet disabilities, neck disability, back disability, sciatica of the lower extremities, and wrist and ankle disabilities.

The Veteran's lumbar spine disability, characterized by sacroiliitis, degenerative joint and disc disease (DDD), and degenerative disc disease (DDD) with lumbosacral strain, is rated at 10 percent since August 30, 2011. The rating is denied as the evidence does not meet the criteria for a higher rating.

The Board has remanded the Veteran's claims due to inadequate opinions regarding his sleep apnea and secondary service connection for allergic rhinitis, GERD, degenerative disc disease of the lumbar spine, and migraines. The Veteran will need more contemporaneous examinations.

The Veteran's claims for service connection for fatigue with insomnia, GERD, and IBS have been reopened due to the submission of new and material evidence.,Service connection has been granted for GERD as secondary to nonsteroidal anti-inflammatory drugs (NSAIDs) taken for service-connected disabilities.

The Veteran's claim for service connection for Chronic Fatigue Syndrome (CFS) was denied as there is no evidence of a current diagnosis or in-service incurrence.,Service connection for the lumbar spine disability and PTSD with alcohol use disorder and major depressive disorder were granted, but both claims are now denied due to failure to meet the criteria for increased ratings.

The Board has remanded several issues related to the Veteran's service-connected degenerative arthritis of the lumbar spine, bilateral lower extremity radiculopathy, and associated neurological manifestations due to inadequate discussion in the January 2021 decision. The remand also includes adjudication of TDIU, DEA, and SMC issues.

The Veteran's claim for an earlier effective date of August 20, 1985 for service connection for a lumbar spine disability is granted. The Board also grants the Veteran TDIU from May 30, 2007 to January 1, 2018.

The Board has granted service connection for obstructive sleep apnea as secondary to PTSD and awarded service connection for neck and low back conditions on a direct basis.,Obstructive sleep apnea is now considered service-connected, with the primary cause being linked to PTSD. Neck and low back disabilities are also recognized as having originated during active duty.

The Veteran's lumbosacral strain, tension headaches, right knee strain, and cervical strain are all granted as service-connected.,Service connection is also established for rhinitis and left wrist sprain. Groin rash was denied.

The Board denied service connection for a low back disability and bilateral hearing loss, finding that the current disabilities were not incurred or aggravated by military service.

The Veteran's back disability, right and left sciatic nerve radiculopathy were granted a rating of 40 percent for the entire period on appeal prior to October 17, 2019.

The Veteran's claim of entitlement to service connection for tinnitus has been reopened and granted. The claims for left knee, right knee, low back, scar from hernia surgery, and heart conditions are still pending and will be remanded for further development.,New evidence received since the last final denial supports reopening the claims for tinnitus, but additional information is needed to determine if any of these conditions were incurred or aggravated during periods of ACDUTRA or INACDUTRA service.

The Veteran's cervical spine, lumbar spine, right knee, left knee, right foot, and left foot disabilities have been reopened based on new evidence.,Service connection for these conditions is now granted.

The Board denied the Veteran's claim for service connection for a lumbar spine disorder, finding that there is no evidence linking his current condition to his military service.

The Board denied a rating in excess of 40 percent for the Veteran's low back strain with degenerative joint disease and lumbar disc extrusion at L4-5, finding that his disability did not meet criteria for an evaluation higher than 40 percent.

The Veteran's claim for an increased rating of her lumbar strain was denied, and the reduction in evaluation from 40 percent to 10 percent effective December 1, 2019 was also denied. The Board found that there was no actual improvement in her condition.

The Board has decided to remand the case due to inadequate examination and failure of duty to assist, specifically regarding the Veteran's ability to work due to his service-connected disabilities. The case will be returned for further evaluation.

The Board has remanded the issues of service connection for bilateral hearing loss, respiratory condition, lower back condition, and acquired psychiatric disorder (PTSD and MDD) due to a failure to verify all periods of active, ACDUTRA, and INACDUTRA service. The Veteran's claims are being returned for further development.

The Board has remanded the Veteran's claims for service connection for various knee, hip, and lumbar spine disabilities due to a duty-to-assist error in not obtaining certain private treatment records. The Veteran is required to provide authorization for VA to obtain these records.