Back / lumbar spine decisions — 2023

The Board has remanded the cases due to the Veteran submitting a Notice of Disagreement (NOD) on an incorrect form, and the RO has not issued a Statement of the Case (SOC).

The Board denied the Veteran's claims for service connection for lumbar spine and bilateral hip disabilities, finding that there was no evidence of a direct link to service or service-connected conditions.

The Board has remanded the Veteran's claims for an initial rating in excess of 40 percent for degenerative arthritis of the thoracolumbar spine, from August 1, 2018; prior to August 1, 2018; and for separate ratings in excess of 10 percent for left and right lower extremity radiculopathy. The remand is due to inadequate medical examinations used by the Board.

The Board has remanded the issues of service connection for a bilateral eye disability, low back disability, neck disability, and residuals of head trauma due to requests from the Veteran's representative for information about VA examiners and outstanding treatment records.

The Veteran's appeal for an increased rating for allergic rhinitis and service connection for sinusitis has been withdrawn.,The Veteran's IBS with GERD is rated at 10 percent, which is the maximum schedular rating. The Board finds that his symptoms do not warrant a higher rating.

The Veteran's PTSD with TBI has been rated at 70% since December 11, 2017. The Board finds that the evidence is in equipoise as to whether his service-connected disabilities have rendered him unemployable from performing all forms of substantially gainful employment.

The Board has decided to remand the case due to insufficient consideration of evidence regarding the relationship between the Veteran's service-connected lumbosacral spine disability and his obstructive sleep apnea.

The Board has determined that the Veteran's current lumbar spine disorder, characterized as lumbosacral strain with degenerative arthritis and intervertebral disc syndrome, had its onset in service. Therefore, service connection for this condition is granted.

The Veteran's appeals for service connection for heart and skin cancer of the extremities have been dismissed. The Board has referred other issues to the RO.

The Board denied service connection for a lumbar spine disability, finding that the Veteran's current back condition did not manifest during or within one year after service and is not causally related to his military service.

The Board has remanded several issues related to the veteran's claims, including service connection for various conditions and earlier effective dates. The appeal is not about service connection via a presumption like PACT Act/Agent Orange/Camp Lejeune.

The Board has granted service connection for the Veteran's lumbar spine disability, finding that it had its onset in service and is related to his active duty.

The Veteran's diabetes mellitus and low back disorder are granted service connection, with the PACT Act presumption. The bilateral leg disabilities are remanded for further development.

The Veteran's claim for an earlier effective date for lumbar facet arthropathy is granted, with the earliest effective date being April 24, 2002.

The Board has remanded the claims for service connection due to the Veteran's failure to report for VA examinations. The Veteran is required to attend a VA examination at a closer location and efforts should be made to contact him.

The Board has determined that a VA examination is needed to determine if the Veteran's back disorder is related to his service, as there was insufficient evidence in the record.

The Veteran's service-connected disabilities, including right tibia fracture residuals, degenerative arthritis of the lumbar spine, and right lower extremity radiculopathy, do not prevent him from securing or following a substantially gainful occupation.

The Veteran's claims for a higher rating for his lumbar spine disability and TDIU are being remanded due to the need for additional medical examination.

The Veteran's bipolar disorder was rated at 70 percent prior to March 1, 2016. The claim for a higher rating is denied.,The Veteran's right knee strain has been rated at 10 percent since February 20, 2020. The claim for a higher rating is denied.,Effective from February 20, 2020, the Veteran was granted a separate 10 percent rating for right knee instability. The claim for a higher rating is denied.,For the period prior to October 27, 2022, the Veteran's low back strain with degenerative disc disease of the lumbar spine warranted a 10 percent rating. The claim for a higher rating is denied.,Beginning from October 27, 2022, the Veteran's low back strain with degenerative disc disease of the lumbar spine warranted a 20 percent rating. The claim for a higher rating is denied.,For the period prior to March 1, 2016, the Veteran was granted TDIU based on his service-connected disabilities preventing him from obtaining and maintaining substantially gainful employment consistent with his education and vocational history.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, warranting the grant of a TDIU.