Back / lumbar spine decisions — 2023

The Veteran's service-connected disabilities have rendered him unemployable, and the Board has granted a TDIU on an extraschedular basis from January 2018.

The Veteran's claim for compensation under the provisions of 38 U.S.C. § 1151 for nerve entrapment as a residual of hernia surgery was denied, and his appeals for service connection for left knee disorder, lumbar spine disorder, right lower extremity sciatica, and acquired psychiatric disorder were remanded.

The Board denied service connection for a back disorder, finding no evidence of an in-service injury or disease and insufficient continuity of symptoms post-service to establish a current disability.,The Board also denied service connection for a neck disorder, concluding that the Veteran's current disabilities are not related to active service due to lack of chronicity during service or within one year after separation.,Service connection was further denied for a psychiatric disorder (to include PTSD), as there is no evidence supporting a diagnosis of PTSD and the Board found the Veteran's anxiety disorder unrelated to service.

The Board has denied service connection for right ear hearing loss, left knee disorder, right knee disorder, and low back disorder due to lack of evidence supporting a nexus between these conditions and service.

The Board has denied service connection for right ankle, left ankle, left foot, right foot, and left knee disabilities. Service connection was granted for a low back disability.

The Veteran's back disability is rated at 40 percent from December 11, 2019. The rating is granted as the evidence supports a flexion limitation of 30 degrees or less.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability is being remanded due to the need for further examination and opinion regarding whether his symptoms are equivalent to ankylosis.

The Veteran's claims for service connection for right knee, left foot, and left hand disabilities are denied as the evidence does not support a current disability or link to his in-service fall.,The Veteran's claim for hypertension is remanded due to insufficient competent medical evidence to determine if it is proximately due to or aggravated by his service-connected PTSD.

The Veteran's service-connected disabilities do not result in the loss of use of one or both lower extremities, nor does he require regular aid and attendance due to his service-connected conditions.,The Board found that the evidence did not support a finding that the Veteran requires regular aid and assistance from another person for daily living activities.

The Board has remanded the Veteran's claims for thoracolumbar spine disability, pelvic disability, and right lower extremity radiculopathy due to procedural errors in prior decisions.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent prior to June 16, 2014, and in excess of 40 percent thereafter for degenerative disc disease (DDD) with lumbosacral strain, to include intervertebral disc syndrome (IVDS), as well as his claim for a separate compensable rating for bilateral lower extremity radiculopathy of the sciatic nerve. The Veteran's entitlement to a TDIU has also been raised and is being remanded.

The Veteran's claim for a thoracolumbar spine disorder other than lumbosacral strain and osteoarthritis, including ankylosing spondylitis, was denied as there is no evidence of a current diagnosis or manifestations that meet the criteria for service connection.

The Board has remanded the case due to an inaccurate factual premise in a previous VA opinion. The Veteran's lay testimony and service records indicate he injured his back during active duty, which may be related to his current low back disability.

The Veteran's petition to reopen claims for bone spurs of the bilateral feet and a bilateral knee condition was granted. The petitions for service connection for a respiratory condition, gastroesophageal reflux disease (GERD), neck pain, chronic low back pain, and corns and calluses of the bilateral feet were denied.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to unclear functional loss assessments in previous VA examinations. Further evaluations by medical professionals are needed.

The Board has granted service connection for a lower back disability and sciatica of the left leg, finding that the evidence is in equipoise as to whether these conditions had their onset during service. The Veteran's current sciatica of the left leg is also found to be secondary to his now-service-connected lower back disability.

The Veteran's service-connected disabilities did not require hospital treatment at a VA medical facility for more than 21 days during the period from August 2, 2016 to September 9, 2016. Therefore, his claim for a temporary total evaluation based on VA hospitalization is denied.

The Board has granted the Veteran's claim for service connection for degenerative arthritis of the lumbar spine, finding that the Veteran experienced chronic back pain related to this condition since prior to his separation from active service.

The Veteran's service-connected disabilities, including left shoulder and low back conditions as well as chronic fatigue syndrome, prevent him from securing and following substantially gainful employment. The Board has granted TDIU on an extraschedular basis.

The Board has remanded the claim for service connection for a lumbar spine disability due to insufficient development and lack of compliance with previous remand instructions. The Veteran's lay statements regarding his in-service injury and continuous back pain since service are considered, but the VA examiner did not adequately address these points.