Back / lumbar spine decisions — 2023

The Board has granted a TDIU for the period prior to October 5, 2021. The case is remanded for further action regarding entitlement to a TDIU from October 5, 2021.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine with IVDS and radiculopathy of the right lower extremity was granted, restoring the 20% rating from April 27, 2022. The claims for increased ratings were denied.,Total disability based on individual unemployability due to service-connected disabilities (TDIU) was granted effective February 18, 2022.

The Board has decided to remand the case due to inadequate medical opinions and needs further development.

The claims of service connection for a back disorder, migraine headaches, right hip disorder, left hip disorder, and right knee disorder are granted.

The Veteran's appeal is being remanded to verify his service in the Ohio Air National Guard and determine if any periods of deployment were federal service. The claims for service connection will be reconsidered after this verification.

The Board has determined that the Veteran's lumbar spine disability is related to his active service and granted service connection for this condition.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran did not meet the criteria for a compensable rating for left ear hearing loss prior to October 20, 2022 and for bilateral hearing loss thereafter. For knee disabilities, the Veteran was granted a noncompensable rating for left knee instability after October 25, 2022 and a rating in excess of 10 percent for right knee instability. The low back disability claim was also remanded.

The Veteran's claim for an initial rating in excess of 10 percent for his low back disorder is being remanded due to the need for a current examination. The effective date for service connection remains December 29, 2015.

The Veteran's claim to reopen her service connection for back disability is granted, and the issue of service connection itself is remanded.

The Board has remanded the Veteran's claim for an initial rating in excess of 10 percent for his service-connected back disability due to inadequate examination findings and incomplete responses. The Veteran needs additional VA treatment records from July 2017 to the present, and a clarifying opinion from the August 2020 examiner regarding pain severity and functional loss during flare-ups.

The Veteran's claim for an increased rating for low back strain with limitation of motion is remanded due to inconsistencies in the June 2022 VA examination report and the need to obtain additional VA treatment records.

The Board denied the Veteran's claims for service connection of her left and right hip conditions, finding that there was no evidence to support a secondary relationship between these conditions and her service-connected back condition.

The Veteran's claim for a higher rating of his lumbar spine disorder and service connection for obstructive sleep apnea are both remanded due to the need for additional medical examination.

The Veteran's lumbar spine disability has been rated at 10 percent since March 6, 2012. The Board found that the evidence does not support a higher rating as it did not show forward flexion of the thoracolumbar spine to 30 degrees or less, unfavorable ankylosis of the entire thoracolumbar spine, or combined range of motion of the thoracolumbar spine not greater than 120 degrees. The cervical spine disability was also rated at 10 percent.

The Veteran's cervical spine disability, diagnosed as degenerative disc disease (DDD), is granted service connection.,The Veteran's cervical radiculopathy of the left upper extremity is also granted service connection.

The Veteran's appeal for asthma has been dismissed. The claim of service connection for a bilateral foot disability is reopened, but the claims for other conditions are still pending and will be remanded.

The Veteran's service-connected disabilities render her unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to total disability rating based on individual unemployability (TDIU).

The Board has decided that additional development is needed to determine if the Veteran's lower back disability was incurred during service. The decision will be remanded for further action.

The Board denied service connection for neck, low back, and bilateral knee conditions as there was no evidence of in-service injury or disease related to these conditions.,No specific exposure basis (e.g., burn pit, Agent Orange) was mentioned.

The Veteran withdrew his appeals for higher ratings in both conditions, and the Board dismissed these appeals.