Back / lumbar spine decisions — 2023

The Veteran's claims for increased ratings for lumbar spine degenerative arthritis and radiculopathy of the left lower extremity, as well as his claim for TDIU, are being remanded due to inadequate examination reports and incomplete records.

The Veteran's claim for service connection of a lumbar spine disability was granted effective June 6, 2016. The Board found that the initial claim remained pending despite subsequent final decisions.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's degenerative disc disease of the thoracic spine is related to her service. The Veteran contends that her current condition is a result of heavy lifting during her time as an Air Passenger Specialist/Supervisor, which she claims caused her back pain since service.

The Veteran's thoracolumbar spine disability, left and right lower extremity radiculopathy, and acquired psychiatric disorder have been granted increased ratings. The back disability is rated at 40 percent from December 29, 2015 to March 30, 2017.

The Veteran's disability rating for his back disability was increased from 10% to 40% effective October 26, 2021. His right and left lower extremity radiculopathy issues are not currently before the Board.

The Veteran's service-connected disabilities have not prevented him from securing or following substantially gainful employment, and a total disability evaluation based on individual unemployability (TDIU) is denied.

The Veteran was granted TDIU for the period from January 1, 2017, but not earlier.,For the period from May 8, 2013, to December 31, 2016, the Veteran's employment did not meet the criteria for TDIU as his income exceeded the poverty threshold.

The Board denied service connection for a lower back disability, finding that the evidence does not support a relationship between the condition and military service or service-connected conditions.

The Board has remanded the cases due to new evidence received after the appeal was certified to the Board in May 2020. The VA will now review this evidence and issue a supplemental statement of the case.

The Veteran's cervical strain, thoracolumbar spine degenerative arthritis (back disability), right and left lower extremity radiculopathy, right upper and left upper extremity radiculopathy, degenerative arthritis of the knees, and knee limitations are remanded for further development.

The Board has remanded the Veteran's service connection claims for several disabilities, including an acquired psychiatric disability, bilateral knee and foot disabilities, a vision disability, and a low back disability. The claims are being remanded to obtain information about the Veteran's periods of active duty, conduct VA examinations, and determine the current severity of his service-connected left inguinal hernia, torn right hamstring, and bilateral hearing loss.

The Veteran's service-connected disabilities do not render him unemployable at any point during the period on appeal.

The Veteran's claim for increased ratings for a lower back disability is being remanded due to the need for additional development of medical records.

The Veteran was granted a TDIU from November 10, 2018, due to service-connected depressive disorder. He also qualified for special monthly compensation based on housebound status.

The Board denied a rating in excess of 10 percent for the Veteran's low back disability prior to July 30, 2020, finding that the evidence did not support such a higher rating based on the limited range of motion and lack of IVDS requiring bed rest.

The Board has remanded the case due to inadequate reasoning and lack of examination for determining whether the Veteran's lumbar spine disability is secondary to his service-connected cervical spine degenerative arthritis.

The Veteran's application to reopen the claim of service connection for PTSD was granted. Service connection for bradycardia, GERD, lower back disability, and lung nodules were denied.

The Veteran's lumbar spine disorder is rated at 40 percent for the entire appeal period, while his right knee patellofemoral pain syndrome and meniscus tear are each rated with separate disability ratings.

The Veteran's lumbar spine condition is now rated at 40 percent effective January 3, 2022. Other ratings remain unchanged.

The Veteran seeks earlier effective dates for the grants of service connection for bilateral knee disabilities and increased ratings for his back disability. The Board finds that the claims are not properly before it due to procedural issues.,The Veteran's appeal of an earlier effective date for his bilateral knee disabilities constitutes a freestanding effective date claim, which VA has no authority to adjudicate.