Back / lumbar spine decisions — 2023

The Board has dismissed the appeal for a rating in excess of 40 percent for lumbosacral strain. The case is remanded to address the earlier effective date for total disability based on individual unemployability (TDIU).

The Board has remanded the Veteran's claims for lumbar spine disorder, headache disorder, and nosebleed disorder due to outstanding VA treatment records and a need for additional examinations.

The Veteran's claim for a higher rating and TDIU prior to March 7, 2013 is being remanded due to insufficient evidence regarding the severity of his lumbar spine disability.

Service connection is granted for spinal stenosis and IVDS, bilateral radiculopathy of the lower extremities, and depression.,Service connection is denied for gout.

The Board has determined that the Veteran's left shoulder disability had its onset during service and is granting service connection for it. However, the rating for his scar needs to be remanded as there was testimony indicating a change in severity since the last examination. The right leg condition and low back strain are also being remanded due to new evidence provided by the Veteran.

The Veteran's TDIU is granted with an effective date of January 27, 2011. Special monthly compensation for the appeal period from May 29, 2014 to May 18, 2018 is also granted.

The Veteran's sleep apnea is currently rated at 50 percent, but the Board finds that a higher rating is not warranted.,The Veteran's lumbosacral strain is currently rated at 40 percent, and the Board finds that a higher rating is not warranted.,The Veteran's left lower extremity radiculopathy, sciatic nerve, is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's right lower extremity radiculopathy, sciatic nerve, is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's right shoulder strain is currently rated at 40 percent, which is the maximum schedular rating permitted for limitation of motion of the arm of the major extremity.

The Veteran's appeals for earlier effective dates for service connection and SMC were dismissed as they did not meet the procedural requirements under the modernized review system (AMA).

The Veteran's service-connected lumbar spondylolysis is found to be the primary cause of his obstructive sleep apnea, and he is granted service connection for OSA as secondary to this condition. The effective date remains April 28, 2000.

The Veteran's service-connected disabilities, including PTSD, lumbar strain with degenerative joint disease, hiatal hernia, migraines and migraine variants, right knee chondromalacia and medial meniscus tear, and rheumatoid arthritis (presumed due to Agent Orange exposure), prevent him from securing and maintaining substantially gainful employment. The Board has granted the Veteran's claim for total disability rating based on individual unemployability.

The Veteran's service-connected disabilities, including headaches, traumatic brain injury, low back condition, right knee and hand conditions, and neck condition since February 28, 2008, have rendered him unemployable from December 18, 2007 to July 23, 2008. His basic eligibility for Dependents' Educational Assistance (DEA) was granted on the same dates.

The appeal of the right ankle tendinopathy was dismissed as the Veteran withdrew his appeal.,An effective date of October 22, 2011, for the 40 percent evaluation of lumbar spondylosis with intervertebral disc syndrome (IVDS) is granted.

The Board has granted service connection for the Veteran's low back disability, finding that there is at least an even balance of evidence to support the claim and resolving reasonable doubt in favor of the Veteran.

The Board denied the Veteran's claim for service connection for a back condition, finding no medical nexus between his current condition and his military service.

The Board has dismissed all claims of service connection for various ankle and knee conditions, as well as a shoulder strain post rotator cuff tear and lumbosacral strain. The Veteran requested withdrawal of the appeal in October 2023.

The Board has remanded the issue of entitlement to an effective date earlier than February 28, 2023 for the grant of Total Disability Rating Based on Individual Unemployability (TDIU). The Veteran contends he is unemployable due to his service-connected conditions and submitted a private psychological assessment indicating he would be precluded from gainful employment without excessive accommodations.

The Veteran's service-connected disabilities, including panic disorder with agoraphobia, lumbosacral strain, and paroxysmal atrial fibrillation, have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's lumbar spine degenerative arthritis is granted a rating of 40 percent effective February 28, 2020. Ratings for right and left lower extremity sciatic radiculopathy and femoral radiculopathy are denied.

The Board has determined that new and relevant evidence has been submitted to reconsider the claim of service connection for a back disorder. The case is being remanded to obtain additional medical opinions regarding whether the Veteran's degenerative changes of the spine are related to service or aggravated by her service-connected plantar fasciitis.

The Board has remanded the case due to a pre-decisional duty to assist error, as no VA examination was conducted regarding the nature and etiology of the Veteran's low back condition.