Back / lumbar spine decisions — 2023

The Veteran's service-connected disabilities, including cervical and thoracolumbar spine conditions with associated radiculopathies, bilateral lower extremity radiculopathies, tinnitus, right elbow lateral epicondylitis, right Achilles tendonitis, left and right lower extremity varicose veins, right thumb arthritis, right ear hearing loss, hemangioma of the left scalp, left thigh meralgia paresthetica, right foot metatarsophalangeal arthritis, and right foot scar, are found to be sufficiently severe to render him unable to maintain any form of substantially gainful employment consistent with his education and occupational background. As such, a TDIU is granted.

The Veteran was granted a TDIU from June 30, 2011 to June 28, 2013 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Board has granted service connection for degenerative arthritis of the lumbar spine, finding that it had its onset in service and is related to a back injury during active duty.

The Board has remanded the issues of service connection for residuals of hiatal hernia surgery, lumbar spine disability, right knee disability, and left knee disability due to inadequate medical opinions in the VA examination reports.

The Veteran's lumbar strain is rated at 20 percent, which is the maximum rating available under the General Rating Formula for Disease and Injuries of the Spine.,The Veteran's irritable bowel syndrome (IBS) is currently rated at 10 percent. The evidence does not support a higher rating as there are no indications of severe disability.

The Veteran's appeal for an increased evaluation of PTSD has been denied. The Board has also remanded the claims for service connection and TDIU due to conflicting medical opinions and lack of evidence regarding the etiology of her low back, right hip, and left hip conditions.

The Board has remanded the claims of service connection for thoracolumbar and cervical spine disabilities, as well as the issue of nonservice-connected pension benefits prior to October 1, 2017, on the basis of countable income.

The Board has partially granted the Veteran's increased rating claim, finding a higher, 20 percent disability rating for the thoracolumbar spine disability. However, due to issues with functional limitations and retrospective opinion compliance, the case is being remanded for further evaluation.

The Veteran's GERD and cervical spine degenerative arthritis were found to not meet the criteria for higher ratings prior to August 19, 2022. The thoracolumbar strain was also found not to meet the criteria for a higher rating as of that date.,Further examination is needed to determine if there are any additional symptoms or functional limitations that warrant higher ratings.

The Board denied the Veteran's claim for service connection for a low back disability, including degenerative arthritis, finding no evidence of chronic in-service disease or injury that led to current disability. The Board also found no credible continuity of symptomatology since service and concluded that any current degenerative arthritis is not related to service.

The Board has determined that additional development is needed for the issues of increased evaluations for lumbosacral strain and cervical strain, as well as entitlement to a TDIU. The Veteran will be scheduled for VA examinations to evaluate his current level of severity for these disabilities.

The Veteran's claims of increased ratings for lumbar strain, left lower extremity condition, and right lower extremity condition are remanded due to the need for a new VA examination. The examiner is asked to assess the current severity of his service-connected lumbar spine condition and determine if he has separate, current disabilities of the right and/or left lower extremities that are secondary to his service-connected lumbar spine condition.

The Veteran's depressive disorder is rated at 70 percent, and his lumbar spine strain at 10 percent. His combined disability rating is 70 percent.,The Board has determined that the Veteran's service-connected disabilities do not meet the criteria for a TDIU on a schedular basis.

The Board has remanded the claims for an initial compensable rating for a right knee disability, service connection for hypertension, and service connection for a right ankle disability, lumbar spine disability, bilateral foot disability (pes planus), and cervical spine disability due to inadequate examinations.

The Veteran's back disability is rated at 40 percent effective as of June 15, 2021. He previously had a 20 percent rating prior to that date.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical opinions and records.,The Board will address the issues of entitlement to a disability rating in excess of 20 percent for back disability, radiculopathy of the left lower extremity, radiculopathy of the right lower extremity, neck disability, left upper extremity radiculopathy, and right upper extremity radiculopathy.

The Board has granted service connection for degenerative joint disease of the lumbar spine, but dismissed the claims for right and left hip disorders as the Veteran withdrew his appeal regarding these issues.

The Veteran withdrew his appeals on all issues related to service connection for various conditions, including migraine headaches, lumbar spine disorder, right knee strain disorder, hemorrhoids, and traumatic brain injury.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims, including SSA records and private treatment records. The Veteran will be provided with a Statement of the Case regarding his earlier effective date claim for DEA benefits.

The Veteran's claims for increased ratings for degenerative disc disease and strain, thoracolumbar spine status post discectomy (rated at 40 percent) and left lower extremity radiculopathy (rated at 20 percent) have been denied as the evidence does not meet the criteria for a higher rating under applicable VA regulations.