Back / lumbar spine decisions — 2023

The Board has remanded the claims for a rating in excess of 20 percent, prior to October 26, 2022, and 40 percent thereafter, for a low back condition, and for TDIU. The issues are being remanded due to inadequate VA examinations prior to October 26, 2022.

The Veteran's appeal is remanded for further development to obtain medical records and conduct examinations to assess the severity of his service-connected psychiatric disability, lumbar spine, right shoulder, right wrist, and right knee disabilities. Additionally, he must be examined to determine the nature and etiology of any left knee, right ankle, left ankle, and respiratory disabilities.

The Veteran's claims for increased disability ratings for endocervicitis, lower back condition, and neck disability were denied due to her failure to report for necessary VA examinations.

The Board has determined that the VA examinations did not fully consider the Veteran's lay statements regarding his symptoms and history. Therefore, the issues of service connection for torn tendons in both ankles, lower back condition, and left knee condition are being remanded to obtain a new examination.

The Veteran's claims for effective dates earlier than March 19, 2014 for the awards of service connection for degenerative disc disease of the lumbar spine and right lower extremity radiculopathy are denied.,The Veteran's claim for hypertension is remanded for further development.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's claimed back condition, specifically whether it is related to service. The Veteran testified about a hard jump off a Humvee with a full backpack that resulted in back pain.

The Veteran's appeal is being remanded for several issues, including increased disability ratings and a total disability rating based on individual unemployability. The left knee issue requires an SOC due to non-compliance with prior Board directives. The thoracic and lumbar spondylosis, adjustment disorder, TBI, and post-traumatic headaches issues require additional examinations and assessments.

The Veteran was awarded SMC(o) based on multiple service-connected disabilities, and SMC(r)(1) for need of aid and attendance. The Board found the criteria for higher levels of SMC were not met.

The Board has decided to remand the case for further development regarding the Veteran's bilateral hip disability. The claim to reopen service connection for a lumbar spine disability is denied.

The Veteran's appeal for an increased rating of 50 percent for migraines was granted. The appeals for the increased ratings for degenerative disc disease and bilateral pes planus were remanded.

The Board has decided to remand the Veteran's claim for a higher rating for his chronic low back strain due to insufficient evidence from previous examinations and the need for further medical evaluation.

The Veteran's claims for higher ratings for his service-connected right and left knee osteoarthritis, dorsolumbar back pain with degenerative arthritis, anxiety disorder, depressive disorder, and GERD were denied. The Board found that the evidence did not support a rating in excess of 10 percent for any condition.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Veteran's hypertension is rated as 10 percent disabling. The Board denied a higher rating, finding that the evidence did not show diastolic blood pressure predominantly 110 or more, or systolic blood pressure predominantly 200 or more.,For the period prior to May 19, 2016, the Veteran's degenerative disc disease of the lumbar spine was rated as 10 percent disabling. The Board granted a 20 percent rating, finding that the evidence showed forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees.,For the period from May 19, 2016 onward, the Veteran's degenerative disc disease of the lumbar spine was rated as 20 percent disabling. The Board denied a higher rating, finding that the evidence did not show forward flexion of the thoracolumbar spine to 30 degrees or less, or favorable ankylosis of the entire thoracolumbar spine.,For the period prior to November 23, 2022, the Veteran's right lower extremity radiculopathy was rated as 20 percent disabling. The Board granted a higher rating, finding that the evidence showed moderate incomplete paralysis.,For the period prior to November 23, 2022, the Veteran's left lower extremity radiculopathy was rated as 20 percent disabling. The Board denied a higher rating, finding that the evidence did not show moderately severe incomplete paralysis, severe incomplete, or complete paralysis.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and medical opinions.

The Veteran's TDIU claim was denied as he did not meet the economic component of the criteria. The initial rating for lumbosacral strain in excess of 10 percent prior to November 16, 2022, and in excess of 40 percent from that date is remanded due to outstanding treatment records.

The Board has granted service connection for obstructive sleep apnea as secondary to service-connected PTSD. The lower back condition and malignant hypertension are remanded for further examination and opinion.

The Veteran's claim for service connection of a lumbar spine condition has been reopened, and the case is remanded to determine if it is at least as likely as not that his current lumbar spine condition was caused or aggravated by his service-connected bilateral pes planus. The TDIU issue is also remanded.

The Veteran's claim for a higher rating for his low back disability, which includes degenerative arthritis and IVDS, was denied as the evidence did not support a higher rating than 20 percent.

The Board has granted service connection for left shoulder disorder and migraine headaches on a secondary basis to the Veteran's service-connected neck disability. Service connection for back disorder is remanded.