Back / lumbar spine decisions — 2023

The Board denied service connection for bilateral hearing loss and granted a 40% disability rating for the Veteran's lumbar spine disability. Separate ratings of 10% were granted for left and right lower extremity radiculopathy prior to May 23, 2017, with no higher ratings allowed.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed back disorder and skin disorder, as there may be outstanding service treatment records and VA medical records. The AOJ will obtain these records and schedule the Veteran for a VA examination to assess his claims.

The Board has granted service connection for a lumbar spine disability. The remaining issues of service connection for cervical, left knee, right knee, and heart conditions are remanded.

The Board denied the Veteran's claims for earlier effective dates for TDIU and DEA, finding that he did not meet the schedular criteria for a total disability rating based upon individual unemployability prior to June 21, 2011. The case was remanded for extraschedular consideration of TDIU from November 17, 2010 to June 21, 2011.

The Board denied service connection for left femur and back disorders, finding that the Veteran's current conditions are not caused or worsened by his service-connected bilateral pes planus.

The Veteran's claims for increased evaluations of his service-connected low back and left knee disabilities are being remanded due to the need for additional medical examinations.

The Board has remanded the Veteran's claims for service connection for a back disability and peripheral neuropathy of the bilateral lower extremities due to insufficient medical opinions regarding the etiology of his conditions.

The Board has decided to remand the cases for further examination and evaluation due to concerns about the severity of the Veteran's service-connected lumbar strain, left knee patellofemoral syndrome, and right knee patellofemoral syndrome.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disability, to include PTSD, and a back disability. The decision found that there was no current diagnosis of PTSD or other mental health disorder not already service-connected.

All appeals for increased ratings and service connection have been withdrawn by the Veteran. The appeal is dismissed.

The Veteran's claims for increased ratings were denied as his low back, right shoulder, and right knee disabilities did not meet the criteria for higher evaluations under VA rating criteria.

The Veteran's claims for increased ratings and a temporary total rating were denied. The Veteran was granted a one-month temporary total rating for convalescence, but his claims for higher ratings for degenerative arthritis of the lumbar spine and scar status post spinal fusion remain denied.

The reduction of the rating for lumbosacral spine degenerative disc disease with left S1 radiculopathy from 40 percent to 20 percent, effective July 1, 2018, was improper and the 40 percent rating is restored.

The Board denied an extraschedular rating for the lumbar spine disability prior to April 28, 2015 and granted a TDIU from February 1, 2010 onwards. The decision also noted that the Veteran's combined rating was at or above 70% throughout the appeal period.

The Board has remanded the Veteran's claims for service connection for back, left knee, and right knee disabilities due to insufficient evidence in previous examinations. The Veteran served in Vietnam during combat.

The Veteran's claims for service connection were dismissed as the appeal was withdrawn, and no new evidence was submitted to reopen a previously denied claim. The Board found that the additional evidence did not relate to an unestablished fact necessary to substantiate the claims.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for updated VA treatment records.

The Board has decided to remand the claims for an increased rating for a right shoulder disorder due to inadequate examination results, specifically failing to provide range of motion testing in active and passive motions as well as weight-bearing and non-weight-bearing conditions. The Veteran is to be scheduled for another VA examination.

The Veteran's lumbar strain and intervertebral disc syndrome are currently rated at 20 percent, but the Board has remanded for further development due to conflicting evidence.

The Veteran's claims for service connection for degenerative arthritis of the lumbar spine and left hip osteoarthritis (claimed as dysplasia) are being remanded due to a lack of medical records from 1986. The RO is instructed to seek these records, provide addendum opinions if obtained, and notify the Veteran of any further attempts.