Back / lumbar spine decisions — 2023

The Veteran's voiding dysfunction, bilateral lower extremity radiculopathy, and erectile dysfunction are granted effective from December 4, 2003, November 10, 2003, and October 11, 2007 respectively.,TDIU is denied as the earliest evidence of a TDIU due to service-connected disabilities was June 11, 2008.

The Board denied service connection for depression and a back disability, including degenerative disc disease, due to the inability to verify the character of discharge for the Veteran's period of active service from November 1989 to June 1993.

The Board has remanded the cases for further development and adjudication due to a Joint Motion for Partial Remand (JMPR).

The Veteran's service-connected disabilities are of sufficient severity to produce unemployability as defined by regulation, and the Board has granted TDIU from February 7, 2011, to November 5, 2020.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and a right leg disability due to additional evidentiary development being necessary. The RO is instructed to obtain specific dates of active duty, ACDUTRA, and INACDUTRA periods from the Veteran's Reserve service records. An addendum opinion must be obtained to determine whether any diagnosed conditions are related to these periods.

The Board has decided to remand the case due to an inadequate nexus opinion from a VA examiner and requests for additional medical records. The Veteran's lumbar spine disability is being reviewed again as it may be related to service.

The Board has remanded the claims for service connection for chondromalacia patellar with arthralgia, left and right knees; a right foot condition (pes planus); left hip condition; low back condition; and right hip condition. The issues are being remanded due to concerns about the preexistence of these conditions prior to service.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that the evidence did not show he was completely unemployable.

The Board has determined that additional evidence was received after the last decision and remanded for consideration. The Veteran's claims of service connection, rating increases, effective dates, and total disability ratings are being returned to the AOJ for review.

The Board granted a separate rating of 20 percent for the Veteran's right upper extremity radiculopathy as of June 3, 2019. The effective date was set at September 25, 2018.

The Veteran's claims for service connection for anxiety and PTSD, lumbar strain, and tinnitus have been granted. The claim for refractive error has been denied.

The Board has decided to remand the Veteran's claim for a higher rating for his lumbar spine disability due to insufficient evidence regarding the severity of his condition, particularly during flare-ups and with repeated use over time. The case is being returned to the AOJ for further evaluation.

The Board has decided to remand the Veteran's claims for service connection for acquired psychiatric condition, headaches, low back condition, and neck condition due to insufficient evidence in their favor. The Veteran is requested to undergo further examinations and provide additional medical opinions.

The Board has remanded the claims for service connection for groin and back conditions due to Gulf War service. The remand requires that new medical opinions be obtained from a different VA examiner, addressing the Veteran's assertions of continuous symptoms since service.

The Veteran's service-connected PTSD prevents him from securing and following substantially gainful employment, meeting the criteria for a TDIU. Additionally, his additional service-connected disabilities meet the requirements for SMC under 38 U.S.C. § 1114(s)(1).

The Veteran's appeal for an increased disability rating for degenerative arthritis of the lumbar spine and service connection for his acquired psychiatric disorder to include PTSD, moderate recurrent major depression, insomnia, and psychotic disorder NOS is remanded due to inadequate examination and lack of verification of stressor.

The Board has decided to remand the claims for service connection for various knee, spine, hip, and foot disabilities. The AOJ will be asked to verify the Veteran's stressors related to classified operations and obtain addendum opinions from VA clinicians.

The Board has remanded the claims for increased ratings for a lumbar spine disability and TDIU due to incoordination, excess motion, weakened motion, painful motion, fatigability, or on flare up of the service-connected lumbar strain. Additional development is needed including obtaining VA examinations.

The Board denied the Veteran's claim for service connection for low back degenerative disc disease (DDD) as there was no direct evidence linking his current condition to his military service.

The Board granted an initial 20 percent rating for a back condition from July 7, 2018. The Veteran's disability is considered direct service connection.