Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for increased ratings for cervical and lumbar strain due to inadequate examinations that did not account for pain during range of motion testing, flare-ups, or ankylosis. The cases are being referred to VA's Director of Compensation Service for extraschedular consideration.

The Veteran's service-connected sleep apnea is granted as secondary to his service-connected hypertension. His back disability, prior to July 8, 2021, does not warrant a higher rating due to limited range of motion and no ankylosis or incapacitating episodes. The compensable rating for erectile dysfunction (ED) is denied. The reduction in the diverticulitis rating was improper, and the Veteran's original 10 percent rating is restored.

The Board has remanded the Veteran's claims for service connection and rating of his headaches due to potential worsening of symptoms since his last examination. The Veteran is asked to undergo a VA examination to determine if his current low back condition is related to his active duty, including carrying heavy equipment during combat.

An increased initial rating of 20 percent (but no higher) for service-connected cervical spine IVDS is granted effective February 27, 2019.,An increased initial rating of 20 percent (but no higher) for service-connected lumbosacral spine IVDS is granted effective February 27, 2019.

The Veteran's low back disability is related to her active duty service and the Board has granted service connection for this condition.

The Board has decided to remand the case for additional development due to new evidence being added to the claims file. The Veteran's low back strain condition is still under review and may be evaluated at a higher rating.

The Veteran's back disability and sciatica are not service-connected as they did not originate in or until years after service, and there is no evidence of a nexus to service.,The Veteran's left eye and right eye disabilities are not service-connected due to lack of evidence linking the conditions to his active duty.

The Board has denied service connection for a lumbar spine disability and remanded the claim for an acquired psychiatric disorder due to insufficient evidence regarding its onset during active service.

The Veteran's lumbar spine disability was rated at 40 percent from October 28, 2019 to November 1, 2022. The VA increased the rating to 100 percent effective November 2, 2022.,SMC was granted for the Veteran's service-connected disabilities from December 2, 2020 to November 1, 2022.

The Board has determined that the Veteran's claims for increased ratings and TDIU are remanded due to non-compliance with prior directives.

The Board has remanded the Veteran's claims of entitlement to increased ratings for his service-connected left knee disability, as well as his claims for service connection for a lumbar spine and right knee disabilities. The remand also includes a request for additional development related to the Veteran's claim for TDIU.

The Board denied service connection for a spine disability, finding that the Veteran's current conditions are more likely due to age-related degeneration and post-military trauma, rather than his military service.

The Board has decided to remand the case due to an inadequate medical opinion in a previous decision. The Veteran's statements of back pain since service discharge are considered both competent and credible, and further development is needed for a new medical opinion considering these factors.

The Veteran's lumbar strain does not meet the criteria for a higher rating as it does not result in forward flexion of 60 degrees or less, combined range of motion of 120 degrees or less, muscle spasm, guarding severe enough to result in abnormal gait or spinal contour, ankylosis, or incapacitating episodes of intervertebral disc syndrome (IVDS).

The Veteran's claims for increased ratings of his service-connected disabilities have been denied. The effective dates for the grants of service connection and increased disability ratings are all set to June 21, 2016.

The Board denied the Veteran's claims for an earlier effective date for service connection of a lumbar disability and increased ratings for his lumbar disability, finding that January 25, 2014 was the earliest date of claim and thus the appropriate effective date. The rating assigned remains null as no specific rating has been determined.

The Board denied the petition to reopen the claim for service connection for chronic low back condition due to in-service aggravation, finding that new and material evidence had not been submitted.

The Veteran's claim for service connection of a low back disability is remanded due to the need for an addendum medical opinion and additional development.

The Veteran's service-connected disabilities, including bilateral pes planus, right knee status post total knee arthroscopic repair, degenerative joint disease of the left knee, IVDS of the spine and lumbosacral strain, tinnitus, osteoarthritis of the right ankle, osteoarthritis of the left ankle, radiculopathy of the right lower extremity, radiculopathy of the left knee, and rheumatoid arthritis (indicated by pes planus), render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's low back condition and its relationship to service.