Back / lumbar spine Board decisions

The Veteran withdrew her appeals for service connection for posttraumatic stress disorder, a rating in excess of 10 percent for lumbar radiculopathy of the right lower extremity of the sciatic nerve, and a rating in excess of 10 percent for lumbar radiculopathy of the left lower extremity of the sciatic nerve. As such, these appeals are dismissed.

The Veteran's claim for an effective date prior to February 26, 2010, for the award of service connection for degenerative arthritis with lumbosacral strain is denied. The Veteran's initial evaluation in excess of 10 percent for his degenerative arthritis with lumbosacral strain is also denied.

The Veteran's back disability, rated at 10 percent prior to August 17, 2022, does not meet the criteria for a higher rating based on limitation of motion or IVDS episodes. The evidence is against finding that his symptoms warrant an increased rating.

The Veteran's claim for an effective date of February 1, 2018, but not earlier, for service connection for a back disability is granted. The Veteran also received increased ratings for various conditions and remanded issues.

The Veteran's PTSD with unspecified depressive disorder, migraine headaches, back disability, left knee limitation of flexion, left shin splints, GERD, nephrolithiasis, PFB, and ED are all rated at the maximum available rating (50%) for each condition.

The Veteran's appeal was denied because the VA Form 21-526EZ submitted in July 2022 was not filed on the correct form, and his January 2023 notice of disagreement was untimely as to the merits of service connection.

The Board has determined that the Veteran's claims for service connection for lumbar disc degeneration, lumbar strain with levoscoliosis, and IBS are remanded due to duty-to-assist errors and need for additional medical opinions.

The Veteran's back condition is granted as service connected.,His bilateral lower extremity radiculopathy involving the sciatic nerve is also granted as secondary to his now service-connected back condition. The issue of polyuria and proteinuria (urinary condition) is remanded for further review.,Service connection for polyuria and proteinuria as secondary to obstructive sleep apnea is remanded.

The Board has determined that the Veteran's neck disability is related to his military service, and therefore grants service connection for a neck disability.

The Board denied service connection for an acquired psychiatric disorder, left knee disability, right knee disability, bilateral foot disability (including pes planus and hallux valgus), and back disability as secondary to a bilateral knee disability due to the lack of evidence meeting the criteria for a current disability.

The Board has denied the Veteran's claims for service connection for thoracolumbar spine disability, IBS, sciatic pain, anxiety, and depression as there is no evidence of a current disability or in-service event that would support these claims.

The Veteran's claims for service connection for degenerative arthritis of the lumbar spine, cervical spine, left shoulder (non-dominant), and non-allergic rhinitis with throat irritation were denied. The claim for left knee instability was granted with an effective date of January 12, 2007.,The Veteran's request for an earlier effective date for the grant of service connection for non-allergic rhinitis with throat irritation was dismissed due to lack of timely appeal and no new relevant evidence received within the applicable period.

The Board has determined that the Veteran's diabetes mellitus, type II is not service-connected due to a remand for further examination and opinion. The lumbosacral strain with spondylolisthesis claim must be remanded as VA did not obtain all relevant private treatment records. The left elbow disability claim also requires additional examination.

The Board has granted service connection for low back and left knee disabilities, finding that the Veteran's symptoms are related to his military service.

The Veteran's claims for increased ratings of gastroesophageal reflux disease (GERD) and lumbosacral strain with degenerative arthritis are being remanded due to procedural errors in obtaining relevant private treatment records. The Board will consider the evidence of record at the time of the August 2022 AOJ supplemental claim decision on appeal, but any evidence submitted after that date will be considered by the AOJ.

The Board has decided to remand the claims of service connection for left ankle, left knee, right knee, and low back disabilities due to inadequate medical opinions in the November 2022 rating decision. The Veteran's claims will be returned for further development.

The Veteran's service connection claim for degenerative arthritis of the lumbar spine is granted.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for an additional right shoulder disability resulting from treatment at a VA medical center in March 2014 is denied.

The Board has determined that the June 2022 rating decision severing service connection for bilateral hearing loss was improper and remanded the claims of entitlement to service connection for low back disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity.

The Veteran's lumbosacral strain with disc degeneration is rated at 20 percent, which does not meet the criteria for a higher rating.,From May 9, 2017 to September 8, 2020, the Veteran's left lower extremity radiculopathy was rated at 10 percent. From September 9, 2020 to June 28, 2021, it was rated at 10 percent. After that period, a higher rating is not warranted.

The Veteran's degenerative disc disease with degenerative arthritis of the low back is rated at 20 percent, and his right total knee replacement residuals are rated at 60 percent. The ratings for left knee degenerative arthritis and meniscal tear remain denied.