Back / lumbar spine Board decisions

The Veteran's claims for service connection and increased ratings have been granted. Service connection is established for sinusitis, lumbosacral degenerative disc disease with IVDS, left lower extremity sciatic radiculopathy, right lower extremity sciatic radiculopathy, and bilateral hearing loss. The initial 40 percent rating for lumbosacral degenerative disc disease with IVDS is maintained, as are the initial 40 percent ratings for left and right lower extremity sciatic radiculopathies effective April 8, 2022. Tinnitus remains at a maximum of 10 percent. Service connection has been reopened for left foot disability, right foot disability, and bilateral hearing loss.

The Veteran's service-connected headache disorder is granted, and his PTSD is granted with a disability rating of 50 percent prior to June 2016 and 70 percent thereafter. The initial ratings for shin fractures and bilateral hearing loss are also granted.

The Board has determined that the Veteran's sleep apnea, lumbar spine disability, right and left knee disabilities, left ankle disability, right ankle disability, and bilateral foot disability are not properly addressed due to a lack of medical examination or opinion. The claims are being remanded for further development.

The Veteran's sleep apnea is service-connected as it was caused by his service-connected conditions, including chronic sinusitis, adjustment disorder with mixed anxiety, low back strain with degenerative arthritis, left lower extremity lumbar radiculopathy, right knee degenerative joint disease, and tinnitus.

The Board has determined that another remand is necessary due to non-compliance with the January 2022 remand directives. The Veteran's claims for service connection for left hip and back disabilities are being remanded for further development.

The Veteran's claim for a higher rating for his lumbar spine disability was denied. He received a 10 percent rating prior to May 4, 2018, and a 20 percent rating from that date onwards.

Service connection is granted for right rotator cuff tendinosis, with partial tears of the supraspinatus, infraspinatus, and subscapularis muscles.,Service connection is granted for migraine headaches secondary to service-connected obstructive sleep apnea (OSA).,Service connection is granted for degenerative disc disease (DDD) of the lumbar spine secondary to service-connected left hip replacement.,The claim for service connection for a left knee condition remains on appeal.

The Veteran's lumbar facet arthropathy prior to November 14, 2022, and in excess of 40 percent thereafter is not rated higher than the current 40 percent assigned.

The Board has remanded the Veteran's claims for an increased rating for low back disability and TDIU due to his service-connected condition. The Veteran testified about worsening symptoms, including pain and medication use, and requested a VA examination.

The Board has remanded the case to determine if a TDIU should be granted on an extraschedular basis due to the Veteran's service-connected lumbar disability and left lower extremity radiculopathy.

The Board has remanded the issue of service connection for a lumbar back disability due to conflicting evidence and need for further development.

The Veteran's claim for service connection for left ear hearing loss has been granted, and a 100% disability rating is assigned effective from May 3, 2018. Claims for other conditions remain denied.

The Board found that the Veteran's service-connected disabilities did not prevent him from securing or following substantially gainful employment prior to August 7, 2020.

The Board has remanded the Veteran's claims of service connection for low back condition, bilateral lower extremity radiculopathy, left knee condition, and left ankle condition due to incomplete records and need for further examination.

The Veteran's lumbar spine disability was not rated higher than 10 percent prior to February 12, 2015 and not higher than 20 percent after that date.

The Board has decided to remand the Veteran's claim for service connection of a low back disability due to additional development and obtaining medical opinions.

The Veteran's back disability is currently rated at 40 percent from August 3, 2022. The evidence does not support a higher rating as there is no indication of unfavorable ankylosis or incapacitating episodes.

The Veteran's service-connected disabilities did not meet the schedular criteria for a TDIU prior to February 29, 2016. The Board referred the issue of entitlement to a TDIU to the Director of Compensation Service for extraschedular consideration.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for clarification regarding when favorable ankylosis began, as well as whether unfavorable ankylosis is present. The examiner must address these issues in their assessment.

The Veteran's claims for service connection for various conditions, including kidney disorder, migraine headaches, depression, and lumbar spine degenerative disc disease (low back pain), have been remanded due to the need for further development.,Service connection has been granted for migraine headaches.