Back / lumbar spine decisions — 2023

The Board has remanded the cases for additional development due to a request for a Decision Review Office (DRO) hearing.

The Veteran's lumbosacral strain is rated at 40 percent, and the Board denied an increased evaluation in excess of 40 percent.,Right lower extremity radiculopathy was granted a 40 percent rating effective from June 19, 2018. Prior to that date, it was not compensable.

The Veteran's back disability was not manifested by forward flexion limited to 30 degrees or less for the appeal period from September 16, 2008 to June 19, 2018. However, as of June 20, 2018, her limitation of range of motion approximated a level contemplated by a 40% disability rating.,The Veteran's neck disability was not manifested by forward flexion between 15 degrees and 30 degrees; or a combined range of motion of less than 170 degrees; or muscle spasm or guarding severe enough to result in abnormal gait or spinal contour.

The Board has remanded the Veteran's claims for increased ratings for his lumbar and cervical spine disabilities, as well as his claim of entitlement to TDIU on a temporary basis due to pending development.

The Board granted service connection for lumbosacral strain, but dismissed the claims of service connection for skin disability and left knee/leg disability.

The Veteran's appeal for service connection of a gallbladder condition was dismissed due to the Veteran withdrawing his appeal at a Board hearing. The appeals for low back degenerative arthritis and intervertebral disc syndrome, right foot disability, and stomach and/or pancreas condition are remanded.

The Board has remanded the cases for further examination and opinion regarding service connection for low back disability and right ankle disability due to active service.

The Veteran's claim for service connection for a back disability, right knee disability, left knee disability, and an acquired psychiatric disorder (adjustment disorder with mixed anxiety and depressed mood and alcohol use disorder) has been reopened. The claims are now granted.,However, the issues of entitlement to initial compensable rating for bilateral hearing loss, initial rating in excess of 10 percent for tinnitus, service connection for a back disability, right knee disability, left knee disability, total disability rating based on individual unemployability due to service-connected disabilities (TDIU), and special monthly compensation (SMC) based on the need for aid and attendance are still pending and require further development.

The Board dismissed the appeals for service connection of right shoulder degenerative arthritis, thoracolumbar spine condition with sacroiliac weakness and disc disease, and left ankle sprain due to the Veteran's death.

The Veteran's acquired psychiatric disorder, including depressive disorder, is granted. The rating for coronary artery disease (CAD) remains at 60 percent and the claim for bilateral hearing loss is denied. The low back disability, liver cancer with liver transplant, hypertension, and TDIU claims are all remanded.

The petition to reopen the previously denied claim for entitlement to service connection for a skin disability was denied.,The petition to reopen the previously denied claim for entitlement to service connection for a low back disability was granted.

The Veteran's claims for service connection have been reopened, but the Board has determined that more evidence is needed to decide these cases.

The Veteran's lumbar spine degenerative disc disease and related conditions, as well as his left and right lower extremity sciatic radiculopathy and femoral radiculopathy, have been granted increased ratings. The effective dates for these decisions are August 4, 2011.

The Board has determined that additional development is needed to address the Veteran's claims for service connection and increased rating, including obtaining missing service treatment records and scheduling VA examinations.

The Board has remanded the claims for service connection due to insufficient evidence, including a lack of clear and unmistakable aggravation during service. The Veteran's representative requested additional development regarding his foot disability.

The Board has granted service connection for degenerative arthritis of the lumbar spine, but has remanded the issue of service connection for left leg chronic edema due to missing or incomplete medical records.

The Board has decided to remand the case due to insufficient medical opinions regarding when the Veteran became unable to secure or follow a substantially gainful occupation and whether he needs aid and attendance of another person.

The Board has remanded the Veteran's claims for additional development due to insufficient medical opinions regarding his claimed disabilities and their relationship to service.

The Board has remanded the case for further development to ensure that due process is followed and a complete record is available. The Veteran's claims for increased ratings for lumbar strain, right lower extremity radiculopathy, and service connection for an acquired psychiatric disorder are also being remanded.

The Board has granted service connection for rhabdomyolysis but has remanded the issue of service connection for a back disability, which is secondary to rhabdomyolysis.