Back / lumbar spine decisions — 2023

The Board has decided to remand the Veteran's claim of service connection for a back disability due to insufficient medical evidence and incomplete verification of periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA).

The Board has granted service connection for the Veteran's lower back condition, but remanded the issues of entitlement to a disability rating in excess of 70 percent for PTSD with MDD, service connection for cervical spine condition, and TDIU due to lack of recent medical records and outdated examination reports.,Further, the Board found that there is at least an approximate balance of evidence regarding whether the Veteran's lower back condition is related to his active-duty service.

The Board has remanded the claims for service connection for lower back disorder and erectile dysfunction due to new evidence submitted by the Veteran.

The Veteran's claims for increased disability ratings for his left shoulder strain, left ankle sprain, right knee sprain with patellar dislocation, and lumbosacral strain are being remanded due to the Veteran's failure to report for VA examinations.

The Veteran's lumbar spine DDD and arthritis were not manifested by forward flexion of the thoracolumbar spine to less than 30 degrees or unfavorable ankylosis, resulting in a denial for ratings in excess of those assigned.

The Board has determined that the Veteran's claims for higher ratings and TDIU must be remanded due to inadequate VA examinations. The Veteran submitted private MRI results from January 2019, which were not reviewed by the examiners who conducted the October 2019 and February 2022 VA examinations.

The Board has remanded the Veteran's claims for service connection and rating of his right ankle fracture residuals, recurrent sleep disability (including obstructive sleep apnea), and lumbar spine disability due to inadequate evaluations.

The Board has determined that the Veteran's low back disability is related to his service, and thus grants service connection for this condition.

The Veteran's service-connected disabilities render him unable to secure or maintain substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's claim for TDIU benefits is being remanded due to the need for an opinion from the Director of Compensation Service regarding whether there is a reasonable possibility that he may be unemployable due to his service-connected back disability and associated radiculopathy.

The Veteran's appeals for service connection and rating increases have been dismissed due to his request to withdraw the appeals.

The Veteran's PTSD was rated at 70 percent prior to June 21, 2023. The Board granted a TDIU due to the service-connected PTSD and SMC based on housebound status prior to that date.

The Veteran's service-connected degenerative disc disease of the lumbar spine with IVDS did not result in symptoms or comparable to unfavorable ankylosis, so a rating in excess of 40 percent is denied.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and lack of medical evidence supporting the Veteran's assertions.

The Veteran's low back disability, left and right lower extremity sciatic nerve radiculopathies are each granted an initial 40 percent rating.

Service connection is granted for a low back disorder, including degenerative disc disease and IVDS.,Service connection is also granted for left lower extremity radiculopathy.

The Veteran's claim for a rating in excess of 40 percent for degenerative disc and facet disease with IVDS of the lumbar spine is denied. The medical evidence does not support an increase to this level.

The Board has remanded the Veteran's claims for service connection due to missing STRs and a lack of medical records from Vietnam. The issues include neck condition, back condition, and right leg/knee fracture.

The Board has remanded the claims for an increased rating for thoracolumbar spine disorder, a rating in excess of 10 percent for service-connected neuropathy of the right upper and lower extremities, and entitlement to TDIU due to outstanding medical records and additional development being required.

The Veteran's appeal for increased ratings of various lower extremity radiculopathy conditions and a back disability has been dismissed due to the appellant's representative filing a request to withdraw the appeal.