Back / lumbar spine decisions — 2023

The Board has remanded the cases for additional development due to inadequate examination and opinion regarding the Veteran's low back disability, right shoulder disability, and TDIU claim prior to December 17, 2018.

The Veteran's claims for service connection for various conditions were denied, and the Board found no basis to assign an earlier effective date.

The Board has denied service connection for low back and bilateral knee disabilities, finding that the current conditions are not related to military service.

The Veteran's lumbar degenerative joint disease was previously denied an initial rating in excess of 10 percent prior to November 4, 2019. Effective from November 4, 2019, the disability is rated at 20 percent.

The Veteran withdrew his appeals regarding the ratings and service connection for various disabilities, including back disability, bowel incontinence, left foot disability, right ankle disability, left knee disability, right knee disability, left hip disability, and right hip disability.

The Veteran's service-connected disabilities did not render him physically or mentally unable to engage in substantially gainful employment prior to December 11, 2018. Therefore, TDIU is denied.

The Board has remanded the Veteran's claims for service connection and SMC due to loss of use of his feet, as these matters are inextricably intertwined with his claims for service connection for his back and bilateral nerve and foot disabilities.

The Board has remanded the Veteran's claims for service connection for various musculoskeletal conditions, including low back pain, neck strain, shoulder strain, hip and knee issues. The reasons include lack of documentation during service, reports of chronic symptoms originating in service, and poor training conditions.

The Veteran's service-connected lumbar spine, bilateral lower extremity neuropathy, and left knee residuals are being remanded for further development of the claims.

The Board has found that the Veteran's tinnitus is service-connected. The claims for bilateral hearing loss, lumbar back disability, and bilateral feet disability are remanded due to insufficient evidence.

The Veteran's claims for service connection of back condition, bilateral lower extremities radiculopathy and IBS have been granted. However, the Veteran's claim for erectile dysfunction remains pending. The Board has remanded several issues including rating evaluations and service connection determinations.

The Veteran's lumbar spine disability is rated at 20 percent, but the most recent VA examination found no limitation of motion. The right lower extremity radiculopathy is rated at 10 percent.,The Veteran's TDIU claim is remanded as he has a combined rating of 80% from April 13, 2023.

The Veteran's claims for TBI, agoraphobia, memory loss, hemorrhoids, OSA, and erectile dysfunction have been dismissed.,Service connection has been granted for degenerative disc disease of the cervical spine and degenerative joint disease of the thoracic spine with history of thoracolumbar strain.

The Veteran's increased ratings for cervical and lumbar spine disabilities are remanded, as well as the TDIU claim. New VA examinations are needed to assess current severity of these conditions.

The Veteran's appeal is remanded for further evaluation of his service-connected conditions, including obstructive sleep apnea and persistent depressive disorder with PTSD and bipolar disorder. The TDIU claim is also remanded.

The Veteran's claim for an initial rating in excess of 40 percent for lumbar strain is denied.,Service connection for right lower extremity radiculopathy is denied. The Veteran's claim for a bilateral hip disability is remanded.

The Board has found that there are relevant outstanding private treatment records and service records from the Army National Guard of Massachusetts. The Veteran is advised to provide authorization for these records, which will be requested by VA.

The Veteran's service-connected disabilities prevented him from obtaining or maintaining substantially gainful employment prior to September 10, 2013.

The Board has dismissed the appeal for entitlement to service connection for bilateral knee disabilities due to a grant in full of the benefits sought. The Veteran's claim for PTSD is denied as he does not have a diagnosis of PTSD or an acquired psychiatric condition other than Major Depressive Disorder with anxious distress.

The Board has granted an effective date of February 17, 2009 for the award of TDIU based on service-connected acquired psychiatric disorder. The Veteran's claim was pending and new evidence received within one year prior to this decision led to a reopening of his claim.