Back / lumbar spine decisions — 2022

The Board has remanded the case due to insufficient opinions regarding direct service connection and aggravation of a pre-existing disability. The Veteran's back issues are still under consideration.

The Board has granted a TDIU on an extraschedular basis due to the Veteran's service-connected lumbar strain with degenerative arthritis from October 1, 2010, forward. The decision finds that the Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected back disability.

The Veteran's service-connected lumbar spine disability is currently rated at 40 percent, effective December 17, 2019. The Board denied an increased rating for the condition prior to that date and from then on.

The Veteran's claims for increased ratings were denied across multiple conditions, including right lower leg scars, left knee strain and instability, low back pain, right common peroneal nerve injury, and sciatic nerve radiculopathy. The Board found that the evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Veteran's service connection claims for left and right upper extremity cervical radiculopathy, as well as an increased rating for cervical degenerative disc disease, were granted. The low back impairment claim was remanded.

The Veteran's appeal includes issues of service connection for various disabilities, including a back disability, hip disabilities, neck and shoulder/arm disabilities, bilateral hearing loss, PTSD, and TDIU. The Board has previously remanded several of these issues due to the need for additional development, particularly regarding in-service treatment records at Portsmouth Naval Hospital. These issues are now being remanded again.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's back disorder. Additional development is needed, including an examination to determine if the Veteran had any other lumbar spine disability during the appeal period.

The Veteran's claims for service connection for left and right knee disabilities, acquired psychiatric disorder, lumbar spine disability, and right leg foot drop associated with a lumbar spine disability have been granted.,An earlier effective date of March 14, 2013 has been established for the award of service connection for these conditions.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's lumbar spine disability is caused or aggravated by his service-connected left foot injury with metatarsalgia.

The Board has granted service connection for dorsal spine strain and degenerative disease lumbar spine (back injury) as these conditions are found to be related to the Veteran's in-service lifting incident, which resulted in a fall on his back.

The Veteran's claim for a 10 percent rating based on multiple, noncompensable service-connected disabilities was denied. The Veteran's claim for service connection for degenerative arthritis, including a low back disability was also denied.

The Veteran's back condition, heart condition, and PTSD have been granted service connection. The Veteran is also awarded an initial evaluation of 70 percent for her PTSD and TDIU status.

The Board denied service connection for lumbar spine disorder, right hand neurological problems, and left hand neurological problems due to lack of evidence linking these conditions to service.

The Board has granted service connection for a lumbar spine disorder and basal cell carcinoma, finding new evidence sufficient to reopen the claims. Service connection is established for both conditions.

The Veteran's hypertension and lumbar spine disability with IVDS are granted effective November 30, 2011. The rating for the lumbar spine disability is increased to 20 percent.

The Veteran's claim for a disability rating greater than 20 percent for service-connected chronic lumbar strain (low back disability) was denied. The Board found that the evidence did not support a higher rating based on forward flexion of the thoracolumbar spine being less than or equal to 30 degrees, nor favorable ankylosis of the entire spine.

The Veteran's lumbar spine disability is rated at 60 percent, and a separate rating for his right lower extremity radiculopathy is denied. The claim for a higher rating for the lumbar spine disability is also denied.

The Board has decided to remand the claim of service connection for a low back disability due to further development being necessary.

The Veteran's low back disability and sciatic nerve pain are rated at 20 percent before May 24, 2019. From that date, the rating is increased to 40 percent for both conditions.,Neck disability was initially rated at 20 percent before May 18, 2021 and then increased to 30 percent from that date.

The Board has determined that the Veteran's claims for increased ratings of his service-connected DDD and lower extremity radiculopathies require additional development, including a new VA examination to assess the severity of these conditions.