Back / lumbar spine decisions — 2023

The Board has granted service connection for low back, neck, and foot disabilities. The Veteran's current conditions are deemed to have been incurred during his military service.

The Board has granted an effective date of June 30, 2016 for a 20 percent rating for the Veteran's back disability. The claim for increased rating is granted as it meets the criteria for a higher rating since that date. However, the claim for TDIU was denied due to the Veteran's service-connected disabilities not meeting the threshold requirement.

The Veteran's bilateral hearing loss has been rated as noncompensable. The Board has remanded the issues of service connection for low back disability and right leg numbness due to lack of VA examination.

The Board has remanded the claims for further development due to inadequate medical opinions and lack of contemporaneous medical records.

The Veteran's appeals for increased ratings and TDIU have been dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he passed away during their pendency.

The Veteran's appeal is remanded due to the complexity of his medical history and the need for further examination to differentiate between symptoms attributable to his left ankle disability and other service-connected or non-service-connected conditions.

The Veteran's PTSD and lumbosacral strain are granted service connection. The issue of an initial rating in excess of 50 percent for major depressive disorder is remanded.

The Veteran's low back condition is rated at 40 percent effective November 16, 2021. The rating for left knee instability and right knee instability are both increased to 20 percent effective August 27, 2018.

The Veteran's claim for a higher rating for his lumbar strain with IVDS was denied as the medical evidence did not support ankylosis or incapacitating episodes of IVDS, and limitation of motion was found to be within normal limits.

The Veteran's neck disability is granted a 30 percent rating from July 29, 2011 to November 30, 2015. The initial 20 percent rating for left lower extremity radiculopathy and the initial 50 percent rating for sinusitis are granted effective December 14, 2013 and November 10, 2020 respectively. TDIU is denied prior to September 3, 2010 and dismissed from September 3, 2010 onwards.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disorder, but has remanded it to obtain an opinion on whether his current condition is caused or aggravated by his service-connected fracture of the right tibia/fibula with limitation of flexion and left patella injury.

The Veteran's cervical spine disability is granted a 30 percent rating prior to September 16, 2016. An increased rating in excess of 30 percent is denied from that date forward.

The Veteran's claims for service connection have been reopened and granted.,The Veteran's right knee, low back strain, and bilateral hearing loss conditions are being remanded for further evaluation.

The Veteran's appeal is remanded for further development, including obtaining updated VA treatment records and scheduling a VA examination to assess the nature and severity of his service-connected neuropathy of the lumbar nerve in the left lower extremity. The examiner will also provide opinions regarding whether the Veteran's lumbar disc disease was incurred in or related to service, and whether it is at least as likely as not that the hemilaminectomy and discectomy were performed for treatment of his service-connected neuropathy.

The Board has granted the Veteran's petitions to reopen claims for service connection for left ear hearing loss, right ear hearing loss, tinnitus, and low back disability. Effective dates have been established for these determinations.

The Board has remanded the Veteran's claims due to inadequate development of his medical records and failure to consider service connection for neurological symptoms. The case will be returned for further action.

The Board has implicitly denied service connection for lumbar degenerative arthritis/lumbosacral strain on a direct basis. The Veteran's representative requested that the decision be vacated due to an error in not addressing this issue, and the motion is granted.

The Veteran's service-connected disabilities are deemed to have rendered him unemployable since November 2008, and the Board has referred the issue of TDIU prior to May 9, 2014, on an extraschedular basis for further consideration.

The Board has granted service connection for cervical spine degenerative disc disease with intervertebral disc syndrome, right knee disability, and sleep apnea as secondary to the Veteran's service-connected lumbar spine disability.

The Veteran's thoracolumbar strain with muscle spasm is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's cervical degenerative joint disease prior to November 10, 2022, is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's cervical degenerative joint disease from November 10, 2022, is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's cyst on ovaries and resultant bleeding is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sciatica of the left lower extremity is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.