Back / lumbar spine decisions — 2023

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since July 23, 2019. The Board has granted a TDIU effective from that date.

The Board denied service connection for a lumbar spine disability and hepatitis C, finding no evidence of onset during service or chronicity since separation. The Veteran's assertions were not supported by the medical evidence.

The Veteran's right foot drop disability is rated at the maximum schedular rating of 80 percent, and her service-connected lumbosacral spondylosis with diffuse lumbar disc bulging does not warrant a higher rating. The issue of increased SMC entitlement has been denied as she is already in receipt of the highest available rate for both anatomical loss or use.

The Board has granted service connection for hypertension based on the PACT Act, but remanded other issues due to insufficient evidence.

The Board has remanded the claims for service connection for a lumbar spine disability and bilateral foot disability due to incomplete compliance with previous remand directives.

The Board has remanded the case due to insufficient medical examination reports addressing the severity of the Veteran's lumbar spine disability, including flare-ups and functional impairment.

The Board has dismissed the Veteran's appeal for service connection of a left knee disorder due to his withdrawal request. The issues of entitlement to service connection for low back, neck, and right shoulder disorders have been remanded.

The Veteran's claim for service connection for a gum disorder was reopened due to the submission of new and material evidence. Service connection is granted for this condition. The claims for diabetes mellitus, eye disorder, and lumbar spine disorder are denied.

The Board has granted service connection for left foot disability, right foot disability, neck disability, back disability, and sleep apnea. An initial 10 percent rating for hypertension is also granted.

The Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation, and the Board denied his claim for TDIU.

The Veteran's right leg muscle atrophy disorder is granted as secondary to his service-connected status post-surgical transplantation of ACL with chronic right knee strain with instability. The claims for lumbar spine and cervical spine disorders are remanded.

The Board has remanded the Veteran's claims for lumbar-spine disorder, right-knee conditions, and left-knee total right-knee replacement due to insufficient examination findings.

The Veteran's lumbosacral strain is currently rated at 10 percent, but the Board found that it does not meet or approximate the criteria for a higher rating based on the degree of forward flexion.

The Board has remanded the Veteran's claims for service connection for back and right hip conditions due to inadequate medical opinions provided during the previous remand. The case is being returned for further development.

The Board has remanded multiple claims for additional development, including those related to the Veteran's low back strain, left knee condition, bilateral pes planus, and left foot pes planus. The effective date for Dependent's Educational Assistance (DEA) benefits is also in dispute.

The Veteran's claim for a higher rating for degenerative disc and joint disease of the lumbar spine was denied as his symptoms did not meet or approximate the criteria for a higher rating.

The Veteran's unspecified depressive disorder and back disability have resulted in a TDIU rating since April 1, 2016. His depression has also been rated at 50 percent effective November 8, 2018.

The Board has remanded the Veteran's claims for a back disability and respiratory disability due to incomplete records. The AOJ is instructed to locate missing documents from November 2006 onwards, rebuild the claims file if necessary, and provide notice of any inability to locate specific records.

The Board denied a higher rating for the Veteran's thoracolumbar strain prior to May 3, 2017 and since May 3, 2017 up to December 19, 2019.

The Veteran's claims for bilateral hearing loss and a neck/cervical spine disorder are being remanded due to the need for additional medical examination and evaluation. The claim for a back disorder is also being remanded.