Back / lumbar spine decisions — 2023

The Veteran's claims for service connection for various conditions are remanded due to the need for additional development and evidence.

The Board has remanded several issues including increased ratings for various service-connected conditions and a TDIU claim due to the submission of additional evidence after an SSOC was issued.

The reduction in disability rating for persistent depressive disorder from 50% to 30% is not supported by the weight of evidence and a 50% disability rating is restored.,An effective date earlier than June 27, 2017, for the grant of service connection for persistent depressive disorder is denied.,Service connection for a low back disorder is granted.,Service connection for right lower extremity radiculopathy secondary to a low back disorder is granted.,Initial rating in excess of 50% for persistent depressive disorder prior to April 3, 2023, and in excess of 70% thereafter is remanded.,Entitlement to service connection for hypertension is remanded.,Entitlement to service connection for migraines is remanded.,Entitlement to service connection for a right shoulder disorder is remanded.

The Board has determined that additional development is needed to identify and obtain the appellant's service records, both personnel and medical, from their periods of IADT for basic combat training (BCT) and advanced individual training (AIT). The National Guard service records are also required. Once these records are obtained, the appeal will be readjudicated.

The Board has determined that the current examination and opinion regarding the Veteran's claim for compensation under 38 U.S.C. § 1151 are inadequate, and thus remands the case to obtain an adequate VA examination and opinion.

The Veteran's PTSD is rated at 70 percent, which is the maximum rating available. The appeal for an increased rating is denied.

The Board has remanded the cases for further development due to insufficient medical opinions regarding the Veteran's claimed right lower extremity, left upper extremity, and right upper extremity radiculopathy disabilities. The claims are otherwise granted.

The Board has remanded the case due to inadequate examination and the need for additional evidence. The Veteran's service-connected conditions are considered, but his lay statements regarding needing aid and attendance are also taken into account.

The Board denied the Veteran's claim for service connection for a lumbar spine condition, finding that there is no evidence to support a nexus between his current disability and his military service.

The Veteran's claims for earlier effective dates for service connection and SMC have been remanded due to the submission of a timely Notice of Disagreement (NOD) under the legacy system, which has now been accepted by the Board.

The Veteran's service-connected disabilities alone do not preclude him from obtaining or maintaining substantially gainful employment consistent with his level of education and work history prior to May 31, 2016.

The Veteran's thoracolumbar spine strain with multilevel osteoarthritis and degenerative changes is rated at 20 percent prior to September 19, 2017, and 40 percent thereafter. The Veteran's right and left lower extremity radiculopathy are each rated as 10 percent from November 14, 2017, to December 11, 2022, and 20 percent starting December 12, 2022.

The Veteran's claims for increased ratings and TDIU prior to April 3, 2017 are being remanded due to the need for additional development of his medical records and examination.

The Board has found that there has not been substantial compliance with its remand directives and thus additional remand is required to obtain a VA medical opinion addressing whether manifestations of the Veteran's lumbar spine disability are functionally equivalent to either favorable or unfavorable ankylosis.

Service connection for allergic rhinitis is granted. Service connection for a back disability is remanded.

The Board has granted service connection for a low back condition. The claims for PTSD and anxiety disorder are remanded due to the need for additional development, including verification of stressors and psychiatric examination.

The claim of service connection for a back disorder has been reopened, and the appeal is granted. The Veteran's right and left knee disorders are remanded for further examination and rating considerations. The Veteran's back disorder is also remanded to determine its etiology.

The Veteran's lumbosacral spine disorder and sleep apnea are granted service connection, with the lumbosacral spine disorder rated at 10%.

The Veteran's service-connected left knee disability, PTSD, hypoesthesia of the lateral third of the left lower lip, lumbar strain, irritable bowel syndrome, dermatitis, and bilateral tinnitus are all granted. The Veteran is assigned a 10% rating for each condition.

The Board has granted service connection for the Veteran's low back disability as secondary to his service-connected left knee disability, finding that the Veteran's lower back pain and degenerative joint disease were caused by or aggravated by his service-connected left knee disability.