Back / lumbar spine decisions — 2023

The Veteran's application for TDIU prior to July 21, 2016 was denied due to lack of qualifying disability ratings. The Board has referred the matter to the Director of Compensation Services for extraschedular consideration.

The Veteran's claims for service connection for back and left foot disabilities have been reopened, but the cases are still pending as they need further examination to determine if there is a link between their current conditions and military service.

The Board has remanded the claims for service connection for cervical and lumbar spine disabilities, as well as arthritis and head injury. The Veteran's PTSD is also being remanded to determine its current severity.

The Board denied service connection for a cervical spine disability and left hip disability as there is no current diagnosis of these conditions.,Service connection for bilateral hearing loss was also denied due to the lack of evidence meeting VA standards for hearing loss.

The Veteran's service-connected disabilities, including his thoracolumbar spine disability and multiple joint conditions, prevent him from obtaining and maintaining substantially gainful employment. The Board has granted a total disability evaluation based on individual unemployability (TDIU).

The Veteran's low back disorder, bilateral lower extremity peripheral neuropathy (claimed as secondary to a low back disorder), erectile dysfunction, and pelvic saddle disorder are being remanded for further evaluation due to concerns about the adequacy of VA care during emergency room visits in March 2016.

The Board has found that additional development is needed to address the Veteran's claims for service connection and evaluations of his skin condition, digestive disorder, back disorder, right hip disorder, and left hip disorder. The issues have been remanded.

The Board denied service connection for lumbar back disability, nose cancer, and soft tissue sarcoma. The soft tissue sarcoma claim was remanded due to the need for further evaluation.

The Veteran's claims for increased disability rating for thoracolumbar spine, service connection for right knee disability, and entitlement to TDIU prior to October 27, 2022 are all remanded due to the need for additional medical examinations and evaluations.

The Veteran's lumbar spine, left knee, and right inguinal hernia disabilities have been granted service connection.,Service connection for a bilateral foot disability, skin condition (claimed as dermatitis), and lung or respiratory condition (claimed as bronchitis) is remanded.

The Veteran's claim for a higher rating for his lumbar spine disorder is granted, with a 40 percent rating effective July 18, 2022. The claim for bladder or bowel impairment secondary to the lumbar spine disorder remains pending.

The Veteran's claim for service connection for Traumatic Brain Injury (TBI) was denied. The Board found that there is no current TBI and the lay reports were not competent to establish the existence of a current disability. For the issue of total disability rating based upon individual unemployability due to service-connected disabilities prior to September 14, 2015, the Veteran's combined schedular disability rating did not meet the minimum requirements for consideration under 38 C.F.R. § 4.16(a). The Board found that the Veteran was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities prior to September 14, 2015.

The Board has remanded the case due to insufficient medical records and a need for another VA examination. The Veteran's thoracolumbar spine disorder, including degenerative arthritis of the spine, is being reviewed again.

The Board has remanded the Veteran's claims for service connection for a back disorder and left foot disorder due to additional development being needed.

The Veteran's claim for bilateral hearing loss is denied as there is no evidence of a current disability.,The Veteran's claims for back disability, right lower leg sciatica, and digestive disability are remanded due to incomplete development.

The Board finds that additional development is required before the underlying claims for service connection can be adjudicated on the merits. Specifically, VA outpatient treatment records and Social Security Administration (SSA) records need to be obtained.

The Board has granted service connection for tinnitus. The remaining issues on appeal are remanded due to procedural errors and the need for additional examinations.

The Veteran's appeal is denied for an initial rating in excess of 10 percent for GERD. The effective dates assigned are correct.

The Board has granted a rating of 40 percent for the Veteran's lumbar spine disability with L4-5 decompression and fusion residuals prior to July 31, 2021. The condition is rated under Diagnostic Code 5243 due to intervertebral disc syndrome.

The Veteran's back disability and left knee patellofemoral syndrome are granted service connection. The claim for increased ratings is remanded.