Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for service connection due to outstanding records and inconsistencies in her testimony regarding exposure during service. The claims will be returned for further development.

The Veteran's service-connected back disability and major depressive disorder have been granted, with a 70% rating for the latter. The TDIU claim has also been granted.

The VA has awarded a 30 percent rating for cervical spine disability effective May 25, 2016. The appellant's claim was received within one year of the Intent to File.

The Veteran's appeals for increased ratings and TDIU are being remanded due to the need for additional evidence, including private medical records. The VA will also obtain updated treatment records and ask the Veteran to provide any missing relevant records.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's lumbar spine disability is aggravated by his service-connected right knee disability and/or caused or aggravated by his service-connected PTSD. The case will be returned for further development.

The Veteran's service-connected disabilities, including posttraumatic headaches, right shoulder bursitis, thoracolumbar spine osteoarthritis, left shoulder bursitis (prior to March 18, 2015), knee arthritis, hand degenerative joint disease, ankle strains, and cervical osteoarthritis, rendered him unable to secure or follow substantially gainful employment prior to September 22, 2017. The Board granted the Veteran's TDIU claim based on this evidence.

The Veteran's service-connected low back disability is rated at 20 percent, but he contends it is more severe. The Board finds the record incomplete and remands for additional medical records to be obtained.

The Board denied service connection for lumbosacral spine disability, thoracic spine disability, right lower extremity peripheral nerve disability, and left lower extremity peripheral nerve disability. The decision also noted that the Veteran's bilateral lower extremity peripheral neuropathy was not related to his in-service back injury.,Service connection was denied as there is no credible evidence linking the current disabilities to service.

The Veteran's claims for increased ratings for lumbosacral strain with degenerative arthritis, right carpal tunnel syndrome, left carpal tunnel syndrome, and meniscal tear of the right knee are remanded due to outstanding medical records and inadequate examination reports.

The Veteran's back disability, right lumbar radiculopathy, and left lumbar radiculopathy are all rated at the maximum allowable under current VA regulations. The Board denied further increases in these ratings.

The Veteran's service-connected disabilities, including his major depressive disorder and knee conditions, rendered him unable to secure or follow a substantially gainful occupation since June 20, 2012. The Board granted the TDIU claim effective from that date.

The Board has decided to remand the case due to insufficient medical evidence regarding the etiology of the Veteran's back disorder, which was diagnosed as DDD with mild L3-L4 retrolisthesis, L4-L5 disc bulge, and sacroiliitis. The examiner is requested to provide a new opinion on whether the Veteran's back disorder is related to service or onset within one year after separation from service.

The Veteran's service-connected thoracolumbar spine disability has prevented him from obtaining and maintaining substantially gainful employment since November 14, 2007. The appeal for TDIU on an extraschedular basis prior to February 17, 2010, is granted.

The Board has remanded the claim for service connection for a thoracolumbar spine disorder due to insufficient evidence in the previous VA examination. The Veteran's current low back disability is being reviewed again to determine if it is related to his military service.

The claims for service connection for hypertension, right flat foot, left flat foot, lower back disorder, and bilateral knee disorders have been reopened. The claim for service connection for obstructive sleep apnea (OSA) has also been reopened.,However, the claims for service connection for headaches, pseudofolliculitis barbae (also claimed as dermatology), residuals of chicken pox, and pneumonia remain denied.

The Board denied service connection for a lumbar spine disability, finding that the Veteran's current condition was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. The Board also found continuity of symptomatology is not established and the disability is not otherwise etiologically related to an in-service injury or disease.

The Board has remanded the case due to a need for additional examinations and development, including obtaining information about the Veteran's employment history and education level.

The Board has remanded the Veteran's appeal for additional development due to deficiencies in a December 2020 VA spine examination, including inadequate range-of-motion testing and failure to address functional ankylosis of the thoracolumbar spine. The issues related to radiculopathy of the bilateral sciatic and femoral nerves are also remanded as there is inconsistency regarding when these symptoms first manifested.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to inadequate examinations in previous decisions. The Veteran is required to undergo additional evaluations, including a back examination and a separate examination for his radiculopathy of the lower extremities.

The Veteran's acquired psychiatric disorder, including anxiety disorder and somatic disorder, is granted as service-connected. The low back disability and radiculopathy of the right lower extremity are remanded for further development.