Back / lumbar spine decisions — 2023

The Board has remanded the claim for another examination to assess the current severity of the Veteran's lumbar spine disability and to secure opinions addressing the combined effects of all service-connected disabilities on his occupational functioning. The AOJ must also obtain private treatment records and secure TDIU-related opinions from an appropriate clinician.

The Board has granted a 70 percent disability rating for PTSD and has remanded the claims of service connection for squamous cell carcinoma and lower back disorder.

The Veteran's left upper extremity radiculopathy, right lower extremity radiculopathy, and left lower extremity radiculopathy have been granted service connection as secondary to their respective service-connected back disability.,From March 25, 2019, the Veteran's back disability has been granted an increased rating of 40 percent.

The Veteran's right ankle disability is rated at 20 percent, effective August 22, 2018. The TDIU claim for low back disability is granted.,The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board has dismissed the appeal regarding service connection for a thoracolumbar spine disorder due to its resolution in favor of the Veteran. The Veteran's left ear hearing loss is granted, and his bilateral hearing loss is denied. The right and left hip disorders are remanded for further examination. The ratings for the ankle disabilities are also remanded.

The Veteran's claim for an earlier effective date for service connection of lumbar spine disability is denied. The Veteran also has a pending remanded claim for increased rating and TDIU.

The Veteran has withdrawn his appeals for ratings in excess of 10 percent for a lumbar spine disability, to include disc herniation and IVDS, right lower extremity sciatic nerve radiculopathy, left lower extremity sciatic nerve radiculopathy, and compensable ratings for right and left lower extremity meralgia paresthetica.

The Veteran's claim for a higher rating for his back disability and radiculopathy of the right lower extremity was partially granted, with restoration of a 20 percent rating for radiculopathy of the RLE effective February 12, 2020. The rating for IVDS with degenerative arthritis changes remains denied.

The Board has determined that the reduction of the Veteran's lumbar spine disability rating from 20 percent to 10 percent effective April 1, 2020 was proper and denied the request for restoration of the original 20 percent rating.

The Board has granted service connection for lumbosacral strain with degenerative disc disease, degenerative arthritis of the cervical spine with DDD and cervical spondylosis, and left shoulder strain with impingement syndrome.

The Veteran's claims for service connection for residuals of tuberculosis, chronic lumbar spine disorder, residuals of bilateral trench foot, and a chronic headache disorder have been denied as there is no evidence of current disabilities or continuity of symptoms. The Board found that the Veteran did not meet the criteria for service connection due to lack of medical evidence supporting his assertions.

The Board denied service connection for bilateral hearing loss, lumbar spine disability, tremor right upper extremity, and tremor left lower extremity. The Veteran did not meet the criteria for a current disability as defined by VA regulations.,Service connection was also denied for erectile dysfunction.

Service connection is granted for thrombosis of the left axillary and subclavian vein. The Board also finds that service connection is warranted for degenerative joint disease of the right ankle, left ankle, left shoulder, right shoulder, epicondylitis of the left elbow, epicondylitis of the right elbow, degenerative joint disease of the cervical spine, and degenerative joint disease of the lumbar spine. Service connection was not granted for peripheral neuropathy of the right lower extremity, left lower extremity, right upper extremity, or left upper extremity.

The Veteran's appeal for increased ratings and service connection has been denied. The initial rating for other specified trauma and stress-related disorder remains at 30 percent, right ankle residuals remain noncompensable, and there is no evidence of a compensable rating for the remaining conditions.

The Veteran's claim for an earlier effective date for service connection of a back disability is denied.,The Veteran's claims for earlier effective dates for the grants of service connection for left and right lower extremity sciatic nerve radiculopathy, as well as left and right lower extremity femoral nerve radiculopathy are all denied.,The Veteran's claim for an earlier effective date for a 10% rating for allergic rhinitis is denied.,The Veteran's claim for TDIU (Total Disability Rating Based on Individual Unemployability) is granted.

The Board has decided to remand the Veteran's claims for a back and left knee disability as they relate to service connection due to an error in obtaining a VA examination.

The Board has granted service connection for lumbar spine DISH, lumbar spondylosis, facet arthropathy, and cervical hyperostosis on a presumptive basis due to in-service injuries during military training duties in Alaska. Service connection for cervical hyperostosis was also granted.

The Veteran's claim for PTSD was denied as there is no evidence of a diagnosis conforming to VA regulations.,Service connection for Persistent Depressive Disorder was granted based on the competent and probative evidence showing it is related to service.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's lower back condition is related to service-connected tendinitis of the left iliopsoas, either directly or as secondary.

The Board denied the Veteran's claim for an effective date earlier than October 2, 2013, for the grant of service connection for a lumbar spine disability. The decision found that no valid claim was filed prior to this date.