Back / lumbar spine decisions — 2023

The Board has remanded the cases for additional development due to substantial compliance with previous directives, and also because of new evidence added to the claims file.

The Board has remanded the Veteran's claim for an increased evaluation for his degenerative disc and joint disease, lumbar spine due to missed examinations and lack of proper communication with the Veteran.

The Veteran's claim for a rating in excess of 30 percent for ischemic heart disease was denied. The case was remanded multiple times, but the Veteran was granted TDIU effective from August 10, 2022, and referred for extraschedular consideration prior to that date.

The Veteran's claims for higher ratings for lumbar strain and residuals of a right foot fracture are being remanded due to the need for additional examinations to assess the severity of his service-connected conditions.

The Veteran's back condition has worsened, and a new examination is needed to assess the current severity of his lumbar strain.

The Board has determined that the Veteran's thoracic strain is at least as likely as not related to his military service, and thus grants service connection for this condition.

The Veteran's claim for service connection for insomnia disorder is granted. The claims for GERD, lumbar spine disability, cervical spine disability, bilateral lower extremity radiculopathy, bilateral upper extremity radiculopathy, essential tremor, and an acquired psychiatric disability (including PTSD and unspecified anxiety disorder) are all remanded.

The Veteran's appeal was dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has remanded the Veteran's claims for service connection for various knee and hip disabilities, as well as a back disability. The issues are related to whether these conditions were incurred or aggravated by military service, including during periods of active duty training (ACDUTRA) or inactive duty training (INACDUTRA).

The Board has determined that the Veteran's lumbar spine degenerative disc and joint disease does not warrant a rating higher than 20 percent, as his forward flexion of the thoracolumbar spine exceeds 30 degrees.

The Board has remanded the case due to deficiencies in the VA opinions and a need for clarification regarding the severity of the Veteran's back disability prior to October 8, 2015.

The Board has denied a rating in excess of 10 percent for the Veteran's service-connected low back disability and remanded the issues of service connection for left knee disability and separate ratings for bilateral lower extremity radiculopathy.

The Veteran's service connection claims for a lumbar spine condition, right lower extremity radiculopathy, and left lower extremity radiculopathy have all been granted.,Service connection has been established for the Veteran's bilateral lower extremity radiculopathy as secondary to his now service-connected lumbar spine condition.

The Board denied service connection for a low back disability, finding that the evidence did not show it was incurred in or related to active service and there is no showing of continuity of symptomatology or that the condition manifested to a compensable degree within one year of separation.

The Veteran's claims for service connection of cervical spine, back, and bilateral lower extremity radiculopathy were reopened.,Service connection was granted for cervical spine, back, and bilateral lower extremity radiculopathy.

The Veteran's appeal is being remanded for further development, including new VA examinations to assess the severity of his service-connected knee and hip disabilities. The issues include seeking increased disability ratings for right and left knee conditions, as well as a cervical spine condition.

The Board has remanded the Veteran's claims for service connection due to insufficient opinions regarding his psychiatric, skin, neurological, digestive, and genitourinary disabilities. The orthopedic claims are also being remanded.

The Board denied the Veteran's claim for TDIU as his service-connected disabilities do not meet the threshold requirements for TDIU and they do not render him unemployable.

The Veteran's persistent depressive disorder is part of his PTSD and does not result in a separate disability. His PTSD results in total occupational and social impairment.,The Veteran's PTSD warrants an initial rating of 100%.

The Board has granted service connection for upper and lower back disabilities, but remanded the claims for first rib disability, right shoulder disability, and neck disability due to insufficient evidence.