Back / lumbar spine decisions — 2023

The Veteran's claims for increased ratings have been remanded due to incomplete records and the need for further examinations to assess her current disability levels during flare-ups.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to July 6, 2011, finding that her education and employment history did not indicate she was unable to secure or follow a substantially gainful occupation.

The Board has granted the Veteran's claims for service connection for right knee degenerative joint disease, left knee disability as secondary to right knee degenerative joint disease, and back condition as secondary to right knee degenerative joint disease. The decision is based on medical evidence linking these conditions to his service-connected right knee injury.

The Veteran's lumbosacral strain disability is rated at 20 percent for the period prior to February 3, 2020. For the period beginning February 3, 2020, his disability does not warrant a higher evaluation.

The Board has remanded the claims for service connection due to conflicting medical evidence regarding whether a pre-existing low back condition existed prior to service. The case is being returned for further development and an opinion on this issue.

The Board denied service connection for a back disorder and an ear disorder other than bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to her military service.,There is no evidence of arthritis or any chronic condition in service, and there is insufficient evidence to establish continuity of symptomatology post-service.

The Veteran's back disability has worsened, and a new VA examination is needed to assess the current severity of his service-connected degenerative joint disease of the lumbar spine.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy due to inadequate examination reports and failure to comply with prior remand directives.

The Board has remanded the Veteran's TDIU claims for further development, including obtaining a VA opinion regarding his service-connected disabilities and their impact on employment. The case will be referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's claims for service connection for lumbar degenerative arthritis and TBI/post-concussion syndrome with headaches are being remanded due to the need for additional medical examinations and opinions. The claim for PTSD is also being remanded.

The Board has dismissed the appeals for service connection of cervical spine, lumbar spine, bilateral shoulder, right hip, left hip, bilateral knee, and bilateral ankle disabilities due to a withdrawal by the Veteran's representative in June 2021.

The Veteran's claims for TBI and lumbosacral strain with arthritis and IVDS are remanded due to the need for additional examinations to assess the current severity of these conditions.

The Board denied the claim for payment of non-VA medical services provided to the Veteran on November 30, 2015, due to lack of prior authorization and because the treatment was not in response to a medical emergency. The VA facility was feasibly available.

The Veteran's lumbar spine disability was granted a 40 percent rating, effective prior to January 23, 2020.,The Veteran's left lower extremity radiculopathy was granted an initial 40 percent rating.

The Board has remanded the claims for service connection for a respiratory disability, hypertension, and TDIU due to potential exposure to herbicide agents and lead paint during service. Additional development is needed to verify these exposures.

The Board has remanded the Veteran's claims for lumbosacral strain, right knee disability, left knee disability, and bilateral conjunctivitis due to incomplete or incorrect factual premises in the VA examination reports. Additional development is required including obtaining medical opinions and potentially scheduling additional examinations.

The Board has remanded the case due to deficiencies in the previous examination report, specifically regarding the etiology of the Veteran's low back disability. The claim will be further evaluated with an updated medical opinion.

The Veteran's back disability and radiculopathy of the left lower extremity were granted service connection, but a rating in excess of 40 percent for the back disability prior to October 10, 2022 was denied. The effective date for the 20 percent rating for radiculopathy of the left lower extremity is set at June 30, 2022.

The Veteran's thoracolumbar spine disability is currently rated at 40 percent, effective from February 7, 2023. His bilateral radiculopathy of the lower extremities has been granted service connection as secondary to his thoracolumbar spine disability.

The Veteran's claims for increased ratings for bilateral hearing loss and degenerative disc disease of the lumbar spine were denied. The Board found that the Veteran does not have ankylosis of his lumbar spine, and thus cannot meet the criteria for a disability rating in excess of 40 percent.