Back / lumbar spine decisions — 2023

The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent from July 28, 2004 to April 11, 2011.

The Board has remanded the case due to a lack of documentation regarding a scheduled VA examination for the Veteran's low back disability. The Veteran is seeking service connection for this condition.

The claim for diabetes mellitus type II due to herbicide exposure was denied as the Veteran did not serve in or near the Korean DMZ during the relevant period. The claims for acquired psychiatric disorder, sleep apnea, right shoulder disability, right knee disability, left knee disability, and low back disability are all remanded for further development.

The Veteran's right lower extremity radiculopathy and TDIU were granted. The appellant is eligible to receive attorney fees based on the past-due benefits awarded in September 2018.

The Veteran's claim for right foot plantar warts is denied. The Board finds that the current record does not support a diagnosis of plantar warts as a current disability during the appeal period.

The Board has determined that there was a procedural error in the docketing of the Veteran's appeal and has ordered the issues on appeal to be remanded for readjudication.

The Board has remanded the cases for further development due to inadequate medical opinions regarding the etiology of the Veteran's lumbar and bilateral knee disorders. The claims are related back to service, but the VA examiners did not provide sufficient rationale in their opinions.

The Veteran's appeal is remanded due to the need for an updated VA examination to assess the current severity of his lumbar spine disability.

The Veteran's right and left knee disabilities have been rated at the maximum available rating of 10 percent each. The low back disability has also been rated at the maximum available rating of 20 percent. No higher ratings are warranted for any of these conditions.

The Board dismissed the Veteran's appeal due to his withdrawal of the appeal in writing, stating that once these disabilities have been withdrawn, there should be no disabilities under the appeal process.

The Board has denied the Veteran's claims for service connection for low back disability, bilateral lower extremity radiculopathy, and bilateral leg/knee pain. The evidence does not establish a nexus between these conditions and his military service.

The Veteran's claims for service connection for degenerative arthritis and DDD of the lumbar spine, right lower extremity radiculopathy, and a right hip condition are all granted. The case is remanded for further examination to determine the nature and etiology of the right hip condition.

The Veteran's service-connected disabilities do not render her unable to obtain or maintain gainful employment, and the Board denies her claim for a TDIU.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for his right lower extremity radiculopathy, left lower extremity radiculopathy, or right knee condition.,For his left hip conditions, he was granted a 10 percent rating for limitation of extension and no other ratings were granted. The Board found that the evidence did not support a higher rating for his generalized anxiety disorder.

The Veteran's low back disorder and gynecological disorder have been granted service connection, with the gynecological disorder receiving a 30% disability rating.

The Board has granted service connection for cervical spine disability and right shoulder disability, finding that the conditions had their onset during service.

The Board has denied the Veteran's claim for service connection for low back pain as there is no persuasive evidence that it began during or was caused by his military service.

The Veteran's appeal regarding the reduction of his evaluation for a painful, unstable, and non-healing left forehead scar from 20% to 10% was dismissed as he requested withdrawal of this issue during the hearing. The appeals for restoration of ratings for his lumbar spine, left knee, and right knee disabilities were granted.

The Board has granted the Veteran's request to readjudicate her previously denied claim of service connection for a back disability, and has determined that she is entitled to service connection for lumbosacral strain and spinal stenosis.

The Veteran's effective date for Special Monthly Compensation (SMC) at the housebound level is granted as of May 10, 2007. The decision was based on his service-connected disabilities totaling 60 percent disabling.