Back / lumbar spine decisions — 2023

The Veteran's PTSD was rated at 70 percent from February 1, 2015 to February 1, 2016.,TDIU was granted for the entire appeal period.

The Board has granted service connection for the Veteran's low back disability, finding that her symptoms began during service and are related to her active duty.

The Board has remanded the case due to the need for additional medical opinions regarding whether the Veteran's low back disability is related to service, or caused by or aggravated by his service-connected left knee disability.

The Veteran's appeal is remanded due to the need for a more comprehensive VA examination to assess the severity of his service-connected low back disability, including any flare-ups and their impact on function.

The Board denied the Veteran's claim for service connection for a thoracolumbar spine disorder, finding that there was no evidence of chronicity or continuity of care for the condition while in service and within one year after discharge. The Board also found insufficient evidence to establish secondary service connection due to his right and left knee disabilities.

The Board has remanded the Veteran's claim for an additional VA addendum opinion to address whether his service-connected degenerative disc disease of the lumbar spine and associated radiculopathy aggravated his diagnosed urinary incontinence and/or male erectile disorder.

The Board has decided to remand the Veteran's claims for service connection for back, left knee, and right knee conditions due to incomplete records and inadequate opinions. The AOJ is required to obtain relevant service and private medical records and provide an adequate opinion regarding the nature and etiology of the Veteran's claimed conditions.

The Veteran's claims for service connection for eczema, left knee disability, right knee disability, and back disability are being remanded to the RO for further development.

The Board has remanded the case for additional development, including a VA examination to assess the Veteran's lumbar spine disability and service connection for depression. The effective date of any award will be determined based on the evidence presented.

The Board has decided that an effective date prior to September 28, 2015, for the award of a 20 percent rating for low back strain is denied. The issue of entitlement to a higher rating for the acquired psychiatric disorder remains pending and requires further examination.

The Board has restored the Veteran's disability ratings for his lumbar spine and cervical spine disabilities to their previous levels, effective September 21, 2017, as the reduction was improper due to inadequate VA examinations.

The Veteran's TDIU claim for the period prior to September 3, 2013 was denied as his increase in disability and worsening of symptoms were factually ascertainable on a date specific in the year prior to September 3, 2013.

The Veteran's claims for increased ratings were denied. The erectile dysfunction with penile implant, TBI residuals with headaches, and degenerative joint disease of the lumbar spine are all rated at their maximum levels.

The Veteran's claim for a clothing allowance for menthol/M-salicylate topical cream and capsaicin cream is denied as there is no service-connected skin condition, and the creams do not cause irreparable damage to his outer garments.

The Veteran's appeals for compensation under 38 U.S.C. § 1151 for various conditions have been dismissed due to the death of the Veteran.

The Veteran's service-connected disabilities have made it impossible for him to secure or follow substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to her service-connected low back and left knee disabilities, finding that she is not precluded from securing or following substantially gainful employment.

The Board has remanded the Veteran's claims for hypertension, right ankle disability, left ankle disability, and right knee disability due to insufficient opinions regarding the etiology of these conditions. The claims are also being remanded for a retrospective opinion on the Veteran's thoracolumbar spine disability.

The Veteran's lower back disability was rated at 20 percent from April 5, 2021. The Board found that the disability did not meet criteria for a higher rating due to limited range of motion and no ankylosis.

The Veteran's lumbar spine degenerative arthritis is currently rated at 40 percent, and the Board denied a higher rating. The ratings for right lower extremity sciatic nerve radiculopathy, left lower extremity sciatic nerve radulopathy, and left lower extremity femoral nerve radiculopathy are also denied.