Back / lumbar spine decisions — 2023

The Veteran's service-connected disabilities have prevented him from obtaining or maintaining substantially gainful employment since October 3, 2016. A total disability rating based on individual unemployability is granted as of that date.

The Board has remanded the Veteran's claims for right knee disability, back disability (claimed as aggravated by right knee), and acquired psychiatric disability (claimed as PTSD) due to insufficient evidence of a medical nexus. The Veteran is required to undergo VA examinations to determine the nature and etiology of his disabilities.

The Board has remanded multiple service connection claims due to the need for additional medical examinations and opinions, as well as the need to obtain outstanding VA treatment records. The Veteran's disabilities include musculoskeletal issues, hearing loss, psychiatric disorders, sleep apnea, lung conditions, headaches, heart condition, diabetes mellitus, kidney conditions, eye conditions, peripheral neuropathies, and erectile dysfunction.

The Board has remanded the claims of bilateral hearing loss and back disorder due to inadequate etiological opinions in prior VA examinations. The Veteran's service records do not show any specific complaints or treatment for these conditions during service, but he contends that his current symptoms are related to incidents during service.

The Board has remanded the cases for further action consistent with a Joint Motion for Partial Remand (JMPR). The Veteran is seeking service connection for right knee and back disorders, but the evidence does not support these claims.

The Veteran's appeal for increased ratings and TDIU was dismissed due to the Veteran requesting a withdrawal of his appeal regarding an evaluation in excess of 10 percent prior to January 2, 2019, in excess of 20 percent prior to May 2, 2022, and in excess of 40 percent thereafter, for lumbosacral strain and degenerative joint disease of the lumbar spine. The Board found that his radiculopathy warranted a 40 percent initial rating for both lower extremities.

The Veteran has withdrawn all his appeals regarding the service connection and rating for various conditions, including lumbar spine disorder, left lower extremity radiculopathy, right lower extremity radiculopathy, right ankle disability, right knee disability, obstructive sleep apnea, and diabetes mellitus.

The Board has determined that the Veteran's cervical degenerative disc disease is related to his service, and thus grants service connection for this condition.

The Veteran's appeal for a higher rating for his low back condition was denied, but he was granted service connection for bilateral lower extremity radiculopathy associated with his low back condition.

The Board has remanded the Veteran's claims for an initial rating in excess of 20 percent for his lumbar spine disability prior to December 10, 2019, and in excess of 40 percent thereafter, as well as for initial ratings in excess of 10 percent for his left and right lower extremity radiculopathy. The remand is due to the need for additional examinations and opinions regarding the severity of the Veteran's lumbar spine disability.

The Board has remanded the Veteran's claims for service connection due to procedural errors and the need for additional development, including toxic exposure risk activity (TERA) examinations.

The Board has reopened the claim for service connection of a lumbar spine disorder and remanded it due to new evidence. The neck injury with degenerative changes rating is also being remanded, as well as the TDIU issue.

The Board has denied service connection for left and right ankle disorders, as well as metatarsalgia. The claims of service connection for a lumbar spine disorder are also remanded.,Service connection is not granted for the Veteran's claimed conditions due to lack of current diagnoses in the medical records.

The Veteran's service-connected disabilities did not render him unable to obtain and maintain substantially gainful employment prior to January 25, 2022.

The Veteran's cervical strain is rated at 20 percent, but a higher rating of 30 percent is granted.,TDIU from February 28, 2008, is granted.

The Board has ordered a remand for additional VA medical opinion regarding the Veteran's lumbar spine disability during flare-ups, as it was in previous examinations.

The Board denied service connection for a lumbar spine disorder and a right leg disorder (other than right knee sprain with degenerative joint disease) as the evidence did not support that any current disability was incurred in or caused by active service.

The Veteran's thoracolumbar spine degenerative arthritis was granted a 40 percent rating from September 17, 2019 to July 25, 2022. The right and left lower extremity sciatic radiculopathy were each granted a 20 percent rating effective August 27, 2020.

The Board has remanded the cases for further development due to incomplete records and missed VA examinations. The Veteran's neck, back, and left ear hearing loss claims are being reviewed again.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's claimed back, right knee, plantar fasciitis disabilities, as well as his sleep apnea. The claims are being remanded for additional examinations and opinions.