Back / lumbar spine decisions — 2023

The Veteran's claims for a higher disability rating and total disability based on individual unemployability are remanded due to the need for further development of his lumbar spine condition.

The Veteran's lumbar radiculopathy and herniated disc at L5-S1 have been rated based on their severity, with the highest ratings assigned for the periods prior to October 27, 2021, and since that date. The Board has determined that additional development is needed due to a lack of compliance with VA examination requirements.,The Veteran's lumbar radiculopathy and herniated disc at L5-S1 have been rated based on their severity, with the highest ratings assigned for the periods prior to October 26, 2021, and since that date. The Board has determined that additional development is needed due to a lack of compliance with VA examination requirements.

The Veteran's lumbar spine disability is currently rated at 40 percent, but the Board finds additional development is needed to determine if a higher rating is warranted.,PTSD and peripheral neuropathy of both lower extremities are also service-connected, with separate ratings.

The Veteran's claim for an increased rating higher than 20 percent for his lumbar spine disorder has been denied. The Board found that the Veteran's flexion was at worst 55 degrees with painful motion, which did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Veteran's asthma is rated at 10 percent, but the Board has found no evidence of daily inhalational or oral bronchodilator therapy. The low back and psychiatric disorders are not service-connected.

The Board has decided to remand the Veteran's claims for increased ratings and TDIU due to insufficient evidence from previous examinations, including lack of goniometer measurements for range of motion testing.

The Veteran's petition to reopen the claim of service connection for an acquired psychiatric disorder is granted.,The petition to reopen the claims of service connection for diabetes mellitus, bilateral pes planus, and bilateral plantar fascia are denied.

The Veteran's claim for service connection for degenerative joint disease and intervertebral disc syndrome of the cervical spine was granted. The claims for increased ratings for lumbar spine disability, radiculopathy of lower extremities, and TDIU prior to October 16, 2015 were remanded.

The Board denied the Veteran's claim for service connection of a low back disability, finding that the presumption of soundness on entry into service and aggravation by service were rebutted. The pre-existing condition was not shown to be aggravated beyond its natural progression.

The Board has determined that the Veteran's thoracolumbar spine disability and obstructive sleep apnea were not incurred in service, and thus denied these claims. The case is being remanded for further development.

The Board has remanded the claims for increased ratings and TDIU due to inadequate VA examinations, specifically regarding the Veteran's low back disability and right lower extremity radiculopathy. The issues are inextricably intertwined with the high rating claim for the low back disability.

The Board has remanded the claims for service connection for lower back disability, diabetic retinopathy, and pseudofolliculitis barbae due to insufficient evidence in the record.,Specifically, the Veteran's assertions of a link between his current disabilities and active service or service-connected conditions are not supported by adequate medical evidence.

The Board denied service connection for the Veteran's lumbar spine disability, finding that there was no evidence of a nexus between his military service and the condition. The decision also denied TDIU prior to September 17, 2015, and for the period from October 1, 2017, to January 30, 2019.

The Board has granted a 40% disability rating for low back strain effective May 10, 2019. Separate ratings of 10% each are granted for left and right lower extremity radiculopathy effective May 10, 2019. The claims are remanded due to the need for additional development.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, and his claim of entitlement to a TDIU on an extraschedular basis was denied by the Director. The Board finds that the evidence does not show that the Veteran is unable to secure or follow substantially gainful employment due solely to his service-connected disabilities.

The Board denied the Veteran's request for earlier effective dates for the grants of service connection for sleep apnea, lumbosacral strain, and right lateral collateral strain because the claims were received more than one year after separation from service.

The Board has determined that the appeal pertaining to increased ratings for cervical and lumbar spine disabilities, as well as service connection claims for various conditions, is remanded due to insufficient evidence or procedural issues.

The Veteran's back disability and right lower extremity radiculopathy have been granted service connection. Other claims for various conditions are being remanded.

The Veteran's appeal is remanded due to the need for a new VA examination and retrospective medical opinion, as well as additional development of his service treatment records.

The Board has decided to remand the case due to outstanding private treatment records and a need for an addendum opinion regarding the cause of the Veteran's death.