Back / lumbar spine Board decisions

The Board has remanded the claims for service connection for radiculopathy of the bilateral upper extremities as secondary to a service-connected back disability, an evaluation in excess of 10 percent for service-connected degenerative spondylolisthesis of the lumbar spine prior to March 4, 2017, and in excess of 20 percent thereafter, an effective date earlier than March 4, 2017, for the grant of service connection and separate rating for radiculopathy of the left lower extremity, and a total disability rating based on individual unemployability (TDIU) prior to October 22, 2016.

The Veteran's nasal disability, resulting in a persistent septal perforation causing headaches, pain, tenderness of the sinuses, and constant purulent discharge, is rated at 50 percent. The Veteran's lumbar spine disability, with multilevel degenerative changes and productive of forward flexion limited to 60 degrees with pain, but no ankylosis or other severe manifestations, is rated at 20 percent.

The Veteran's low back injury with radiculopathy of the bilateral lower extremities is rated at 60 percent, and a higher rating in excess of this has been denied.

The Board has remanded the claims of entitlement to service connection for chicken pox and a low back disorder due to new evidence submitted by the Veteran. The effective date for the grant of service connection for tinnitus is denied.

The Board has remanded the Veteran's claims for GERD, degenerative disc disease of the lumbar spine with osteoporosis, sciatica, erectile dysfunction, and a head injury due to incomplete examinations and lack of clear opinions on the etiology of these conditions.

The Veteran's service connection claims for right and left hip disabilities, as well as his right and left knee disabilities are being reopened due to the submission of new and material evidence.,A VA examination is required to determine the etiology of the Veteran’s neck, bilateral hip, and bilateral knee disabilities.

The Board has denied service connection for a back disability and an acquired psychiatric disability, finding that the Veteran did not meet the criteria for service connection as his conditions were not shown to be related to active service.

The Board has granted an earlier effective date of October 31, 2007 for the grant of a TDIU. The issues regarding an increased rating for a right great toe fracture and an earlier effective date remain pending and must be remanded.

The Veteran's left leg radiculopathy is rated at 40 percent since February 29, 2016. The Board found that the disability was moderately severe and granted a higher rating for this condition.

The Board has dismissed the appeal of service connection for headaches. The claims for service connection for an acquired psychiatric disorder, low back disability, and tinnitus are remanded.

The Board denied the Veteran's claim for service connection for low back pain, finding that there was no evidence of a chronic disability in service and that any current condition is more likely due to aging and obesity.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include back disorder, neck disorder, bilateral shoulder disorder, bilateral foot calluses, bilateral foot fungus, sleep disorder (secondary to back disorder and restless leg syndrome), and seizure disorder.

The Veteran's chronic lower back condition and sinusitis are granted service connection. The Veteran's joint pain of the bilateral hands and elbows, as well as his GERD, are remanded for further examination.

The Board has determined that the Veteran does not have a current diagnosis of bilateral hearing loss and denied service connection for this condition. The rating for tinnitus was also denied as it is already at its maximum schedular rating. The back disability and knee disabilities are remanded due to new evidence and potential worsening.

The Veteran's hepatitis C was granted service connection, but his increased rating claims for degenerative disc disease, radiculopathy, and knee disabilities were denied. The Board found that the evidence was at least in equipoise as to whether the Veteran's hepatitis C had its onset during his service.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including evaluations for degenerative joint disease of the thoracolumbar and cervical spines, bilateral hearing loss, migraine headaches, right and left carpal tunnel syndromes, and left arm numbness. The Veteran is also seeking service connection for these conditions.

The Board has granted service connection for a back disability, diagnosed as Degenerative Disc Disease (DDD), Intervertebral Disc Syndrome (IVDS), and Scoliosis. The Veteran's pre-existing condition was aggravated during his active duty service.

The Board dismissed the appeals of the Veteran's claims for service connection due to his death during the pendency of the appeal.

The Board has identified new evidence that was submitted after the May 2018 Statement of the Case. The Veteran has not waived AOJ review of this additional evidence, so a Supplemental Statement of the Case must be issued to consider all evidence received.

The Veteran's claim for service connection for obstructive sleep apnea was denied. The RO granted an increased rating of 20 percent for lumbar facet arthrosis with L5-S1 disk protrusion, but did not grant earlier effective dates.,The Veteran's claims for left and right sciatic radiculopathy were granted with effective dates of August 25, 2003 and August 13, 2005 respectively. The RO also granted initial disability ratings of 40 percent or higher for the left sciatic radiculopathy since June 11, 2018.