Back / lumbar spine decisions — 2023

The Board has granted the Veteran's application to reopen his claim of service connection for back disability and has determined that new evidence received since the last denial supports a finding that the Veteran's current back disability is related to active duty service. The decision also grants service connection for this condition.

The Veteran's application to reopen his claim for service connection of low back disability was granted. Service connection is also granted for this condition. The claims for varicose veins of the left lower extremity and left ear hearing loss are dismissed.

The Veteran's right ankle osteochondral defect with degenerative arthritis was granted an initial rating of 20 percent from May 8, 2009 to October 30, 2013 and a maximum 20 percent rating thereafter. The lumbosacral strain with degenerative disc disease was granted an initial rating of 40 percent effective September 28, 2013.,The Veteran's radiculopathy of the left lower extremity and right lower extremity were found to be service connected as a result of his lumbosacral strain. The TDIU claim was granted effective September 28, 2013.

The Board denied the Veteran's claim for SMC based on the need for aid and attendance/housebound status due to his service-connected disabilities, finding that he does not require regular aid and assistance.

The Board has determined that the Veteran's low back condition is related to his active military service and grants service connection for this condition.

The Veteran's claims for an earlier effective date for service connection of a heart disability, increased rating for left ankle disability, and ratings in excess of existing ones for hypertension and back disability are denied.,The Veteran's claim for remand on the issue of increased rating for degenerative joint disease of the thoracic spine is pending.

The Board has denied the Veteran's claims for service connection for back and right shoulder disabilities, finding no evidence of a nexus between these conditions and his military service.

The Board denied service connection for a low back disability, finding that the Veteran's current condition did not have onset in service and is not related to his military service.

The Board has granted the Veteran's claim to reopen his service connection for a back condition, which is secondary and caused by his service-connected bilateral knee disabilities. The August 2023 VA examination opinion supports this finding.

The Board has granted service connection for a lumbar spine disability, finding that the Veteran's back pain and related conditions began during his military service.

The Veteran's service connection for adjustment disorder with other features is granted, and the appeal for an increased rating for his thoracolumbar spine disability and TDIU is remanded.

The Board has remanded the cases for additional development due to non-compliance with previous remand instructions. The issues of service connection and TDIU are being remanded as they are inextricably intertwined.

The Veteran's lumbar spine degenerative arthritis and low back strain are currently rated at 20 percent, but the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has remanded the Veteran's claims for diabetes, back disability, heart related disability, spot on lungs, and right upper extremity condition due to missing service records and further development is needed.

The Veteran's service-connected disabilities did not render him unemployable prior to January 19, 2011. The evidence does not substantiate a reasonable possibility that he is unemployable by reason of his service-connected conditions.

The Board has decided to remand the case due to an inadequate VA opinion regarding the Veteran's thoracolumbar spine degenerative disc disease. The matter is being returned for further evaluation and a new opinion.

The Veteran's service-connected low back disability and radiculopathy of the bilateral lower extremities prevented him from obtaining or maintaining substantially gainful employment consistent with his work experience, skills, vocational training, and educational background from January 30, 2009 to October 6, 2021.

The claim to reopen the issue of entitlement to service connection for back disability and left hip disability is dismissed.,The claims of entitlement to service connection for hypertension, headaches, PTSD, left knee disability, and right knee disability are dismissed.

The Board has denied the Veteran's claim for service connection for a low back condition, finding that there is no evidence to support a causal relationship between his current disability and events during military service.

The Veteran's appeal for a higher combined rating in excess of 90 percent, effective from July 19, 2017, is denied. The AOJ's December 2017 rating decision correctly calculated the combined total rating as 90 percent.