Back / lumbar spine decisions — 2023

The Board has remanded the case for further development due to lack of substantial compliance with prior directives. The issues include evaluations for lumbosacral strain, right and left thigh disabilities, and left hip strain.

The Veteran's service-connected low back disability is rated at 20 percent, and the appeal for a higher rating from May 29, 2019, is denied. Effective October 1, 2017, the Veteran meets the criteria for a TDIU due to his service-connected disabilities.

The Veteran's service-connected migraine and tension headaches, along with lumbosacral strain with degenerative arthritis and intervertebral disc syndrome, prevented her from securing or following substantially gainful employment outside of a protected environment. The Board granted TDIU on an extra-schedular basis effective December 20, 2023.

The Veteran has withdrawn their claims for service connection for dyspepsia, erectile dysfunction, back disability, left lower extremity peripheral neuropathy, and right lower extremity peripheral neuropathy through a VA Form 20-0996 Decision Review Request: Higher Level Review.

The Veteran's claims for service connection have been reopened and are now granted. Service connection is established for low back disability, left hip disability, left thigh disability, and bilateral knee condition.

The Board has denied the Veteran's claims of service connection for lower back, bilateral leg, and bilateral ankle disorders due to a lack of evidence linking these conditions to his military service.

The Veteran's claim for service connection for PTSD is granted. The Board finds that the Veteran has a current diagnosis of PTSD and credible reports of in-service stressors, which are sufficient to establish service connection.

The Veteran's service connection claim for vaginitis is granted. The Board finds that the current disability is related to vaginal infections during active duty and grants the claim.

The Board has reopened the claims for service connection for a back disability, cervical spine disability, and lumbar spine disability. The claim for right shoulder disability is remanded due to new evidence submitted.

The Veteran's claims for service connection for back, left hip, and right hip conditions have been reopened. However, the Board has determined that remand is necessary to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's GERD is rated as 10 percent disabling. The Board finds that the evidence does not support a finding of considerable impairment of health due to his GERD, and thus denies an evaluation in excess of 10 percent. For his thoracolumbar condition (low back disability) and cervical strain, the Veteran's claim is remanded for additional examination.

The Veteran's low back disorder is not related to his military service and is not caused or aggravated by any of his service-connected disabilities.,The Veteran's right foot accessory bone (os externum) was a congenital defect that did not have an additional disability superimposed during service.

The Board has denied the Veteran's claims for service connection for cervical DDD, right shoulder degenerative arthritis, and left shoulder degenerative arthritis as there is no evidence to support a direct relationship between these conditions and his military service.

The Veteran's claims for higher initial ratings for his back and right knee disabilities are being remanded due to the need for additional development, including obtaining an addendum opinion on functional loss during flare-ups and a VA examination to determine the current severity of his service-connected right knee disability.

The Board has granted service connection for the Veteran's back disability and associated bilateral lower extremity radiculopathy, finding that the evidence is at least in approximate balance.

The Veteran's service-connected disabilities did not preclude him from securing and following any substantially gainful employment from April 17, 2010 to November 15, 2012.,From November 16, 2012 to September 10, 2013, the Veteran's service-connected disabilities significantly impacted his ability to obtain and maintain any substantially gainful employment.

The Veteran's claim for a lower back disability is reopened, and the case is remanded to determine if his current low back condition is related to service or secondary to his service-connected cervical strain.

The Veteran's service-connected disabilities, including lumbar strain, major depressive disorder with anxious stress, urinary incontinence, and radiculopathy of the lower extremities, render him unable to secure or follow a substantially gainful occupation. The Board finds that TDIU is warranted for the periods on appeal.

The Veteran's June 6, 2012 claim for service connection of insomnia reasonably raised a claim of entitlement to service connection for an acquired psychiatric disorder in addition to a claim of service connection for insomnia. The effective date is granted as June 6, 2012.,The earliest date as of which it is factually ascertainable that symptoms of left lower extremity radiculopathy had occurred is March 5, 2014. The effective date is denied.

The Board has dismissed the claim for service connection for low back strain due to withdrawal by the Veteran. The issues of compensable rating for hypertension, service connection for TBI, dry eye syndrome and nuclear cataracts, sinusitis, gastroenteritis, and TDIU are all remanded.