Back / lumbar spine decisions — 2023

The Veteran's service-connected disabilities, including depressive disorder, lumbar spine degenerative disc disease, right temporomandibular joint disorder, left sciatic radiculopathy, and right lower extremity radiculopathy, have rendered him unable to secure or follow substantially gainful employment due to his functional limitations.

The Board has granted service connection for low back, right hip, and left hip disabilities, finding that these conditions are related to the Veteran's service-connected bilateral knee disability.

The Board has determined that the Veteran's Substantive Appeal was timely filed, allowing him to continue pursuing his claims for increased ratings and earlier effective dates for various conditions.

The Veteran withdrew his appeals regarding service connection for lumbar spine, left knee, right knee, and rhinitis conditions. The appeal of whether new and material evidence was presented to reopen a claim for diabetes mellitus, Type II is dismissed. The appeal of whether new and material evidence has been received to reopen a claim for sinus condition is denied.

The Board denied service connection for right knee, lumbar spine, cervical spine, and bilateral hip disorders due to a lack of evidence showing the conditions were incurred or aggravated during active duty.,Service connection was not granted as secondary to a right knee disorder.

The Board has determined that the Veteran's claimed hip, knee, and ankle disabilities are not service-connected as they are not related to his active duty service.

The Board has granted service connection for the Veteran's lumbar spine disability and remanded the issue of entitlement to special monthly compensation based on need for aid and attendance.

The Board has decided to remand the case due to a failure to obtain relevant private treatment records. The Veteran's claim for service connection for a back disorder will be reconsidered.

The Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities are being remanded due to the need for additional examinations to assess their current severity.

The Veteran's appeals for increased ratings and effective dates have been dismissed due to his death.

The Veteran's back disability is rated at 20% prior to March 30, 2023, and at 40% thereafter. The Board denied a higher rating for the entire period on appeal.

The Veteran's initial claim for a compensable rating for bilateral hearing loss was denied.,A 40 percent rating for the low back disability from January 11, 2018 to November 2, 2022 was granted. However, a higher rating in excess of 40 percent since November 2, 2022 is not warranted.

The Veteran's claim for a higher initial rating of 20 percent for lumbar radiculopathy with sciatica in the left lower extremity has been granted. Additionally, his TDIU claim has also been granted.

The Board has determined that the Veteran's claims for service connection and initial ratings higher than 10 percent each for right and left knee strain require additional medical examination to determine the nature and etiology of his claimed conditions.

The Board denied service connection for a bladder disability, finding that the Veteran did not have a current diagnosis of a bladder disability during or in close proximity to the appeal period.,The claim for service connection for a thoracolumbar spine disability was previously denied due to lack of evidence linking it to service. The new evidence does not provide material information regarding this issue.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine disability and associated radiculopathy, as well as his claim for TDIU due to inadequate VA examinations and the need for additional medical opinions.

The Board granted a 40 percent rating for the Veteran's low back disability beginning April 6, 2018. The effective date remains pending determination.

The Veteran's claim for medical expense reimbursement is granted as the VA facilities were not feasibly available, and he met all other criteria under 38 U.S.C. § 1725.

The Board has decided to remand the case due to an inadequate VA examination, and a new examination is needed to assess the current severity of the Veteran's service-connected degenerative arthritis of the lumbar spine.

The Board has remanded the Veteran's claims for service connection for various conditions due to incomplete review under the modernized review system.