Back / lumbar spine decisions — 2023

The Board has dismissed all initial rating claims and earlier effective date claims for the Veteran's service-connected disabilities due to his death.

The Veteran's service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment prior to February 24, 2011. The Board granted an earlier effective date of September 24, 2004 for the grant of SMC(k).

The Veteran's claim for a TDIU is granted effective July 5, 2017. The claims for an increased rating for PTSD and service connection for peripheral neuropathy of the bilateral lower extremities are remanded.

Service connection for degenerative disc disease and degenerative arthritis of the lumbar spine is denied. Service connection for right wrist disability, including de Quervain's tenosynovitis, chronic right wrist pain, and right ulnar nerve entrapment, as well as left ankle disability, to include tendinitis and residuals of a ruptured Achilles tendon, is remanded.

The Board has remanded the claims for service connection for various disabilities due to inadequate VA opinions and missing records. The Veteran's claims will be reviewed again with new medical opinions.

The Veteran's service-connected disabilities, including bilateral hearing loss, duodenal ulcer, lumbar spondylosis, and tinnitus, have rendered him unable to secure or follow substantially gainful employment since November 16, 2010. The Board has granted TDIU from that date and also found eligibility for DEA benefits effective as of the same date.

The Veteran's lumbar spine disability was previously rated at 10 percent before June 13, 2023. After the remand and additional development, her rating was increased to 40 percent effective June 13, 2023. The Board denied a higher rating for the period prior to June 13, 2023.

The Veteran's claims for increased ratings for lumbosacral strain and radiculopathy of the right lower extremity are being remanded due to new evidence. The case must be reviewed again with consideration of this additional information.

The Board has granted service connection for a lumbar spine disorder and lumbar radiculopathy to the right lower extremity, finding that these conditions are related to in-service injuries.

The Veteran's left ankle injury, including Achilles tendonitis and osteoarthritis, is granted service connection. The Veteran's bilateral foot conditions are remanded for further examination and opinion. His hearing loss is remanded for a new VA examination to determine the current degree of impairment. Service connection for bronchitis is also remanded.

The Board has remanded the issue of whether the Veteran's gastrointestinal complications, including IBS and GERD, are secondary to his service-connected low back disability.

The Board has granted service connection for a back disability, diagnosed as degenerative disc disease of the lumbar spine, finding that it had its onset during active duty.

The Veteran's melanoma and related residuals, as well as his back disability and right knee disability are granted service connection. The left elbow disability is denied due to lack of in-service injury or disease, and the bilateral foot disability is denied due to lack of evidence linking it to service.

The Board has granted service connection for the Veteran's low back, neck, left knee, right knee, right hip, left shoulder and right shoulder conditions as secondary to his service-connected ulcerative colitis. The case is remanded for a VA examination to determine the nature and etiology of the Veteran's right elbow condition.

The Veteran's sciatic radiculopathy, left and right lower extremities, is rated at 40 percent since November 23, 2022. The Veteran also received a grant of TDIU based on his service-connected conditions.

The Board has found that there has not been substantial compliance with the December 2019 remand directives and another remand is necessary to determine whether Dr. David Barba, a VA physician who performed the Veteran's spinal surgery in January 2010, is still employed within the VA health care system at large. The Board also instructed that if Dr. Barba is no longer employed by VA, written notice of this fact should be provided to the Veteran and his representative, and they should be given an opportunity to submit additional relevant evidence.

The Veteran's right lower extremity radiculopathy is granted a rating of 20 percent, effective from February 26, 2021. The Board also found her left lower extremity radiculopathy to approximate moderate incomplete paralysis and granted it a 20 percent rating as well.

The Board has remanded several issues related to the Veteran's service-connected conditions, including effective dates for ratings and entitlements. The case is returned to the RO for further development of missing records.

The Veteran's appeal for increased ratings for PTSD, thoracolumbar spine strain, and left knee patellofemoral pain syndrome was dismissed as the Veteran withdrew his appeal in November 2018.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for his low back disability and for TDIU due to insufficient examination records, including those from flare-ups.