Back / lumbar spine decisions — 2023

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and assessments.

The Veteran's low back disability, currently rated at 10 percent disabling from November 4, 2014, has been found to not meet the criteria for a higher rating due to limited range of motion and no associated neurological abnormalities.

The Veteran's service-connected lumbar spine disability and associated radiculopathy alone rendered him unable to secure and follow a substantially gainful occupation, qualifying for TDIU. Additionally, the Veteran is entitled to SMC based on housebound status due to multiple separate disabilities rated at 60 percent or more.

The Veteran's claim for service connection for a lumbar spine disability was denied in December 2017, and the appeal is dismissed as the Veteran did not timely file an appeal.

The Board has determined that a VA examination is needed to determine if the Veteran's back and left ankle disabilities are caused or aggravated by her service-connected knee/shin disabilities. The Veteran's lay assertions will be considered in this decision.

The Board has remanded all of the Veteran's claims due to inadequate VA examinations and new evidence received since the last decision.

The Veteran's back brace tends to wear and tear his clothing, warranting a clothing allowance for the year 2020.

The Veteran's claim for an effective date prior to October 31, 2018, for the award of service connection for a lumbar spine disability was denied. The earliest possible effective date is October 31, 2018.

The Board has determined that there are pre-decisional duty to assist errors and the claims for service connection for a right hip disorder, initial evaluations for IVDS with arthritis of the thoracolumbar spine, and radiculopathy in both lower extremities need further development.

The Veteran's appeal for an increased rating and a total disability rating based on individual unemployability (TDIU) has been dismissed due to the death of the Veteran.

The Board has dismissed all appeals for service connection and rating issues related to various body parts due to the Veteran's death.

The Veteran's claims for increased evaluations of thoracolumbar strain, migraine headaches, allergic rhinitis, gastroesophageal reflux disease (GERD), and PTSD with major depressive disorder (MDD) have been denied. The most recent evaluation for thoracolumbar strain is 40 percent disabling, while the other conditions remain at their initial evaluations.

The Board has granted service connection for tinnitus and denied service connection for a bilateral hearing loss disability.,Service connection was withdrawn for left elbow, lumbar spine, left knee, and right knee disabilities.

The Veteran's lumbar spondylosis and arthritis, previously low back pain, status-post (s/p) old compression fracture of the vertebral body of L-4 and mild degree of spondylolisthesis have not met the criteria for a higher evaluation prior to December 7, 2020.,The Veteran's lumbar spondylosis and arthritis, previously low back pain, status-post (s/p) old compression fracture of the vertebral body of L-4 and mild degree of spondylolisthesis have not met the criteria for a higher evaluation from December 7, 2020.,The Veteran's right lower extremity radiculopathy has been granted an evaluation of 40 percent disabling.,The Veteran's left lower extremity radiculopathy has been granted an evaluation of 40 percent disabling.

The Veteran's request for higher-level review of his claims was timely filed. The AOJ must now review the underlying claims and provide a decision.

The Veteran's claim for an initial rating in excess of 10 percent for lumbar spine, herniated disc from November 2, 2016, is denied. The evidence does not show forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees or combined range of motion of the thoracolumbar spine not greater than 120 degrees.

The Veteran's appeals for increased disability ratings in excess of 20 percent for lumbosacral strain, left shoulder strain, right shoulder strain, and left knee strain have been dismissed due to the Veteran's withdrawal of his appeal.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's low back condition was aggravated by service.

The Veteran's service-connected disabilities, including anxiety disorder, right shoulder degenerative joint disease, cervical spine degenerative disc disease, lumbar spinal degenerative disc disease, vertigo associated with mild TBI, and shin splints status post stress fracture, have rendered him unable to secure or follow a substantially gainful occupation for the entire appeal period.

The Veteran's claim for a higher rating for his lumbar spine disability is remanded due to the VA examination not complying with the remand instructions.