Back / lumbar spine decisions — 2023

The Board has granted earlier effective dates of May 8, 2013 for the grants of service connection for left wrist disability and LLE radiculopathy, as well as a 20 percent evaluation for low back disability.

The appeal seeking an earlier effective date for the grant of service connection for spine disability is dismissed.,The claim for a higher rating for spine disability remains pending and will be remanded.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since January 10, 2017. The Board has determined that the criteria for TDIU were met as of January 10, 2016.

The Board has granted separate disability ratings for radiculopathy of the bilateral lower extremities, but has remanded the claim of entitlement to an initial rating in excess of 20 percent for a low back disability.

The Veteran's bilateral hearing loss is granted as service-connected, while his back condition is denied due to lack of evidence linking it to active duty.

The Veteran's low back disability is rated at 40 percent, effective as of the date of this decision.,Separate ratings of 20 percent each are granted for left and right lower extremity radiculopathy.

The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine is being remanded due to an inadequate VA examination report. The examiner did not consider all relevant symptoms and limitations, including subjective complaints of radiculopathy.

The Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities rendered him unable to secure and follow substantially gainful employment from October 1, 2019, to November 3, 2019.

The Veteran's claim for a rating in excess of 10 percent for his lumbar spine disorder and his TDIU claim have been denied due to the lack of adequate evidence to support these claims.

The Veteran is granted service connection for a skin disability, right shoulder disability, and bilateral hearing loss disability. Service connection for a back disability, neck disability, and acquired psychiatric disorder (including PTSD and adjustment disorder) is denied.,Service connection for the skin disability is established based on in-service exposure to sun and headgear restrictions.

The Veteran's low back disability and bilateral plantar fasciitis are granted service connection. The Veteran is also granted a rating of 60 percent effective September 22, 2019 for his GERD.,Service connection has been established for the Veteran's low back disability (claimed as low back disability) and bilateral plantar fasciitis due to in-service injury/event/illness. The Veteran is also granted a rating of 60 percent effective September 22, 2019 for his GERD.

The Veteran's degenerative arthritis of the lumbar spine is rated at a 20 percent disability level, with forward flexion limited to 45 degrees.

The Veteran's claim for a rating in excess of 20 percent for lumbosacral strain was denied. Service connection for bilateral hearing loss and hip disorder, hypertension, and lung disorder were granted. The claims for service connection for these conditions are remanded due to the need for additional development regarding exposure history.

The Veteran has withdrawn all of his pending claims and appeals, including those related to bronchitis, dermatitis, tremors, chronic fatigue syndrome, right knee strain, low back strain, multiple scars on the left side of body, sinusitis with headaches, radiculopathy of the right lower extremity sciatic nerve, left shoulder rotator cuff tendonitis with degenerative arthritis, and irritable bowel syndrome.

The Veteran's claim for a higher rating for mild disc degeneration in multiple levels including L4/5 and L5/S1 was denied, as the evidence did not show that his disability warranted a rating in excess of 20 percent.,Prior to September 15, 2022, the Veteran's claim for a higher rating for right lower extremity radiculopathy (sciatic nerve) was denied. From September 15, 2022, his claim for a 40 percent disability rating was granted.,The Veteran was also granted entitlement to a total disability due to individual unemployability (TDIU).

The Veteran's claim for additional retroactive VA disability compensation benefits under the Concurrent Retirement and Disability Payment (CRDP) program is remanded due to insufficient information from the retired pay center and DFAS records. The AOJ must provide a detailed review of the Veteran's compensation award, specifically for the period prior to April 1, 2019.

The Veteran withdrew their appeal, and they were granted service connection for all the disabilities pending in this appeal.

The Board has granted service connection for a low back condition and bilateral lower extremity radiculopathy secondary to the service-connected low back condition, finding that the Veteran's current conditions are related to his military service.

The Board has remanded the cases for additional development to determine if the Veteran's back disability and right leg condition are proximately caused or aggravated by his service-connected right lower extremity peripheral neuropathy.

The Board has denied the Veteran's claim for a total disability based on individual unemployability (TDIU) as there is not enough evidence to show that his service-connected disabilities prevent him from securing and maintaining gainful employment.