Back / lumbar spine decisions — 2022

The Board dismissed all claims for increased ratings as the Veteran died during the appeal process.

The Veteran's service-connected disabilities, including PTSD, back disability, bilateral lower extremity radiculopathy, and right ankle disability, have prevented him from securing or following a substantially gainful occupation throughout the appeal period. The Board has granted entitlement to Total Disability Rating Based on Individual Unemployability (TDIU).

The Board has granted a TDIU for the period prior to May 5, 2015, and basic eligibility for Dependents' Educational Assistance Benefits for the same period. The Veteran's service-connected disabilities included lumbar spine spondylosis, degenerative disc disease, right cubital tunnel syndrome, left cubital tunnel syndrome, PTSD, left shoulder degenerative joint disease, left elbow degenerative joint disease and tendinosis, a lumbar scar, left second metacarpophalangeal joint post traumatic arthritis, and an abdominal scar. The decision is based on the Veteran's inability to secure or follow substantially gainful employment due to his service-connected PTSD.

The Board has remanded the cases for further development and readjudication, including obtaining additional VA treatment records. The issues of entitlement to higher ratings for low back disability and left lower extremity radiculopathy are also on appeal.

The Board has determined that the evidence is in equipoise, and thus grants service connection for a lumbar spine disorder on a direct basis.

The Board has granted the Veteran's claims for service connection for a back disability, left knee disability, and major depressive disorder (MDD), finding that these conditions are related to his military service.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and records.

The Veteran's lumbar strain with IVDS and associated bilateral lower extremity radiculopathy are being remanded for a new examination to assess the severity of his service-connected conditions.

The Veteran's claims for service connection for lumbar spine, bilateral knee, and respiratory disabilities have been granted. The effective date is not specified.

The Board has denied service connection for various conditions, including left leg or knee disability, rectal bleeding, swollen hands and feet, rheumatoid arthritis, multi-site arthritis of the right shoulder, multi-site arthritis of the right hip, multi-site arthritis of the cervical spine (neck), multi-site arthritis of the lumbar spine (low back), right leg nerve damage, type II diabetes mellitus, hypertension, left kidney disability, gallbladder disability, sinusitis, headaches, appendix disability, discoloration and bacteria on the feet, erectile dysfunction, and eye disability or vision problems. The Board found no current disabilities for several conditions and concluded that there is insufficient evidence to support a relationship between these conditions and service.

The Veteran's degenerative disc and joint disease of the lumbar spine with stenosis is granted an increased evaluation to 40 percent effective February 7, 2017.

The Board has determined that the Veteran's current back disability had its inception during active service and granted service connection for a back disability.

The Veteran's depressive disorder, not otherwise specified, was denied a rating in excess of 30 percent prior to May 16, 2013. From that date, the Veteran is granted a 70 percent rating for this condition. The back disability claim was also denied.

The Board has remanded the claims for service connection due to inadequate examinations and new evidence received since the May 2013 rating decisions. The Veteran's conditions include a low back condition, bilateral pes planus, an acquired psychiatric disorder (PTSD), high blood pressure, and sleep apnea.

The Board has remanded the Veteran's claims for higher ratings for his right hip and lumbar spine disabilities, as well as the claim for a TDIU prior to February 16, 2017. Additional records are needed from the VA Medical Center in Hampton, Virginia, and updated VA examinations must be obtained.

The Veteran's increased disability rating claim for L5-S1 degenerative disc/joint disease was denied, and his claims for right lower extremity radiculopathy and left lower extremity radiculopathy were also denied.

The Board denied service connection for acid reflux and TDIU prior to November 6, 2014 due to lack of evidence linking the conditions to military service or service-connected disabilities.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence to support a relationship between his current back conditions and his service-connected right knee disability.

The Veteran's claims for service connection have been withdrawn, and the remaining issues of service connection are being remanded for further development.

The Board has denied service connection for PTSD due to the lack of a verified in-service stressor. The issues of increased ratings for major depressive disorder with TBI, post traumatic headaches, and low back disability are remanded.