Back / lumbar spine decisions — 2023

The Board dismissed all appeals related to various disability ratings and effective dates for service connection, as the Veteran withdrew her appeal in its entirety.

The Board has granted a Total Disability Rating for Individual Unemployability (TDIU) from June 1, 2008 due to the Veteran's service-connected disabilities.

The Board has remanded the cases for further development and to obtain a new medical opinion regarding whether the Veteran's claimed back conditions are secondary to his service-connected right knee disability.

The Veteran's claims for service connection for lumbosacral strain and left hip disability manifested by pain have been granted.,The right hip strain rating has been restored to a 10% level.

The Board has found that the Veteran's diabetes, back disability, right hand disability, and left hand disability are not service-connected due to insufficient evidence. The case is being remanded for further examination and opinion.

The Board has remanded the Veteran's claims for service connection for thoracolumbar and cervical spine disabilities due to inadequate medical opinions in the previous rating decisions.

The Veteran's service-connected disabilities, including unspecified depressive disorder and degenerative arthritis of the lumbar spine, prevented him from securing or following a substantially gainful occupation prior to April 3, 2015. The Board granted entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) for this period.

The Board has remanded the claims for increased ratings for degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy due to issues with the interpretation of additional loss of motion during flare-ups and failure to address arguments regarding sleep impairment.

The Board has determined that additional development is needed for the Veteran's claims of service connection for various conditions, including PTSD, CFS, lumbar and dorsal spine disorders, right wrist disorder, and right knee disorder. The claims are being remanded to allow for further investigation and medical opinions.

The Board has remanded the cases due to new evidence received after the October 2018 Supplemental Statement of the Case.

The Veteran's right shoulder rotator cuff strain is currently rated at 20 percent, and the Board finds this rating to be appropriate.,For the period from October 31, 2014, to June 9, 2022, the Veteran's thoracolumbar spine strain with residual of painful range of motion and scoliosis post-fracture is rated at 40 percent. The Board finds this rating to be appropriate.,For the period from June 10, 2022, onward, the Veteran's thoracolumbar spine strain with residual of painful range of motion and scoliosis post-fracture is rated at 10 percent. The Board finds this rating to be appropriate.

The Board has remanded the Veteran's claims for service connection for various disabilities, including sleep apnea, cervical spine disorder, right ankle disorder, left ankle disorder, right knee disorder, and left knee disorder. The remand is due to insufficient examinations and the need to consider whether the Veteran's reported symptoms are related to his military service or an undiagnosed illness.

The Board has granted secondary service connection for lumbar and thoracic spine disabilities as well as a 30 percent rating for bilateral pes planus with plantar fasciitis and retrocalcaneal bursitis. Service connection for insomnia was denied.

The Board has granted service connection for the Veteran's lumbar spine disability, finding that it is related to his active military service.

The Veteran's emergency room treatment on August 4, 2014 for low back and sciatic pain was deemed necessary due to the severity of his symptoms. The VA facility was not feasibly available at that time, leading to a decision in favor of payment.

The Board has remanded the Veteran's claims for a right leg disability and back disability due to insufficient compliance with previous remand instructions. The VA is required to obtain an addendum medical opinion addressing whether the Veteran's disabilities are related to service or any incident therein, specifically considering his lay testimony of persistent symptoms since service.

The Veteran's lumbar spine and left ankle disabilities have been restored to their previous ratings, while the right ankle disability remains at a lower rating. The TDIU claim has also been granted.

The Board has decided to remand the cases for obtaining additional VA and private medical records, as well as requesting authorization for private medical records from various providers.

The Board has remanded the cases due to insufficient evidence for a retrospective evaluation of the Veteran's lumbar strain prior to August 5, 2020. The TDIU issue is also being remanded as it could significantly impact the decision on the lumbar strain case.

The Board has remanded the claims for increased ratings for a lumbar spine disability, radiculopathy of the right and left lower extremities, and TDIU prior to April 26, 2022 due to insufficient medical opinions regarding functional loss and ankylosis.