Back / lumbar spine Board decisions

The Veteran's service connection claim for multilevel degenerative disc and joint disease of the thoracolumbar spine is granted as it meets the criteria for direct service connection.

The Veteran's sleep apnea is granted as secondary to his service-connected degenerative disc disease with L4-5 minimal grade 1 anterolisthesis and L5-S1 minimal retrolisthesis of the lumbar spine. The initial disability rating for his degenerative disc disease remains at 40 percent since July 17, 2016.

The Board has remanded the issues of entitlement to higher initial ratings for DDD of the lumbar spine, left and right lower extremity radiculopathy, propriety of reduction in disability rating for DDD of the lumbar spine from 20% to 10%, service connection for IBS, and SMC pursuant to 38 U.S.C. § 1114(s).

The Veteran's lumbar spine disability was granted a 20% rating as of December 20, 2013. The maximum rating available for this condition is 40%, which was granted effective January 24, 2018.

The Board denied service connection for bilateral hearing loss disability and remanded the issues of rating for back disability, service connection for bronchitis/asthma, and service connection for sleep disturbance.

The Veteran's claim for service connection for a low back disorder was reopened due to the submission of new medical evidence. The claims for cervical spine condition, circulatory problems, and right knee disorder were denied as there is no evidence linking these conditions to his military service.

The Veteran's cervical spine impairment, degenerative changes of the lumbar spine, and headaches are all found to be related to her service. The Board has granted service connection for these conditions.

The Board has remanded the cases due to an unresolved issue regarding whether there is new and material evidence to reopen claims of service connection for left knee disorder, low back disorder, right ankle disorder, and left ankle disorder. The cases will be returned to the RO for further consideration.

The Veteran's appeal for increased disability ratings for lumbar spondylolisthesis has been dismissed as the Veteran requested to withdraw his appeal.

The Board denied service connection for degenerative disc disease of the lumbar spine, lumbar radiculopathy (right leg pain), and prostate cancer. The evidence did not support a finding that these conditions began during service or were related to service.

The Veteran's claim for an increased rating for lumbar degenerative disc disease with lumbar spinal stenosis was denied. The Board found that the evidence did not show ankylosis of the entire thoracolumbar spine, which is required for a higher rating. For the TDIU issue, the Veteran was denied because he had other service-connected disabilities and his combined disability rating was below 70%. He also did not meet the criteria for a TDIU based on age or non-service-connected conditions.

The Veteran's lumbar spine disability is rated at 40 percent, effective December 14, 2012. The Board found the evidence to be at least evenly balanced as to whether the symptoms of his lumbar spine disability more nearly approximate flexion limited to 30 degrees or less, and granted a 40 percent rating in favor of the Veteran.

The Board has determined that the Veteran's current back disability began during his military service and granted service connection for it.

The Board has granted the Veteran's claims of entitlement to service connection for a bilateral hearing loss disability and tinnitus. Service connection is also granted for back, right ankle, eye, sinus, and COPD disabilities. However, rating in excess of 20 percent for residuals of colon cancer remains remanded.

The Board has determined that the VA examinations for the lumbar spine and left leg disabilities are incomplete due to a failure to meet the requirements of Correia v. McDonald, 28 Vet. App. 158 (2016), and thus requires further medical guidance. The Veteran's right leg disability is also being remanded as it is intertwined with his lumbar spine disability.

The Veteran's claim to reopen his service connection for a back disorder was denied due to lack of new and material evidence. His claims for higher ratings for erectile dysfunction, right orchiectomy, and bilateral inguinal hernias are remanded for further evaluation.

The Veteran's service connection claims for an acquired psychiatric disorder, undiagnosed illness resulting in numbness of arms, fatigue, headaches, sleeping difficulties, joint and muscle pain, low back disorder, and right knee disorder are remanded due to insufficient evidence.

The Veteran's claims for increased evaluations of his L1 vertebral fracture with lumbar spondylosis and cervical spine injury with cervical spondylosis are being remanded due to the need for additional information regarding incapacitating episodes, flare-ups, and further examination.

The Board is unable to decide the claim based on the evidence of record because there are no recent VA treatment notes for a back brace. The case will be remanded to obtain these records.

The Veteran's claims for increased ratings for lumbar spondylosis and bilateral lower extremity radiculopathy are remanded due to inadequate VA examinations, requiring further development including obtaining new VA opinions on the full extent of disability.