Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for increased ratings for his service-connected low back disability and PTSD due to potential increases in severity.

The Veteran's low back disability and associated lower extremity radicular symptoms are currently rated at 10 percent prior to June 1, 2014, and 40 percent from July 17, 2014. The Board has found that higher ratings are not warranted for either period.,The Veteran's right and left lower extremity radicular symptoms have been rated at 10 percent prior to March 6, 2013, and 20 percent since then. The Board has also found that higher ratings are not warranted for these periods.

The Board has granted increased ratings of 40 percent for radiculopathy of the right and left lower extremities, but has remanded the issues regarding bilateral femoral neuritis and service connection for this condition.

The Board has decided that a VA examination is needed to determine the etiology of the Veteran's lower back condition, which was not previously examined for this purpose.

The Board has remanded the claims for service connection for various conditions, including sleep apnea, headaches, gastrointestinal disorder, erectile dysfunction, low back disorder, and right ankle disorder. The additional medical evidence must be reviewed by the AOJ.

The Board has remanded the Veteran's claims for service connection for right hip disorder, left hip disorder, and lumbar spine disorder due to a lack of a VA examination.

The Veteran's right upper extremity radiculopathy was granted a disability rating of 40 percent from December 21, 2007 to January 9, 2013 and from April 21, 2015 to February 6, 2018.,The Veteran's right upper extremity radiculopathy was granted a disability rating of 40 percent from January 8, 2019.

Service connection for a respiratory disability is granted under the PACT Act. Service connection for left elbow, insomnia (claimed as mental health disorder), and gastrointestinal disorders including posttraumatic stress disorder are denied. A temporary total evaluation due to right elbow surgery is granted.

The Board has determined that the Veteran does not have a current back problem, including lumbar strain and paraspinal thoracic strain, that was incurred in or caused by service. Therefore, entitlement to service connection for a back problem is denied.

The Board denied the Veteran's claims for earlier effective dates for tinnitus and lumbosacral strain (previously rated as low back pain) because there was no clear evidence of nonreceipt, and thus the presumption of regularity applied. The effective date remains November 13, 2017.

The Board has decided to remand the service connection claims for left ankle, right ankle, and back disabilities due to insufficient medical opinions regarding their etiology.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation consistent with his education and work history prior to July 24, 2017. Therefore, entitlement to a TDIU prior to that date is denied.

The Veteran's claim for service connection for a lumbar strain secondary to his service-connected pes planus has been granted. His service-connected pes planus is also confirmed, and he is now entitled to service connection for this condition.

The Veteran's claims for increased ratings for lumbosacral strain, left lower extremity radiculopathy, and right lower extremity radiculopathy are remanded due to inadequate examination reports. The TDIU claim is also remanded as the employment history is unclear.

The Board has determined that the VA examinations for the Veteran's back disability and right sciatic nerve neuropathy are inadequate, requiring further examination to determine the current severity of these conditions.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims, including a new VA examination for his service-connected low back disability and an evaluation of all acquired psychiatric disabilities. The TDIU claim will also be reconsidered.

The Board has remanded the Veteran's claims for service connection for various disabilities, including acquired psychiatric conditions and musculoskeletal issues. The appeals are pending due to incomplete development of evidence related to stressor verification and examination.

The Board has determined that the RO did not substantially comply with the remand instructions and has therefore ordered further examination of the Veteran's low back, bilateral lower extremity radicular, and surgical scar disabilities.

The Board has remanded several issues for further development, including rating higher than 20 percent for low back disability, cervical spine disability, left upper extremity radiculopathy, and cystic acne; service connection for thyroid disability secondary to cystic acne; and total disability rating based on individual unemployability.

The Board has granted service connection for the Veteran's back disability, finding that it was aggravated by falls resulting from his service-connected Parkinson's disease.