Back / lumbar spine decisions — 2023

The Veteran's lumbar spine disability is rated at 40 percent, effective December 12, 2020. The Board also granted a TDIU based on his service-connected disabilities.

The Board has granted service connection for tinnitus and has remanded the issues of hearing loss, left shin splints, right shin splints, and low back disability.

The Veteran's asthma is rated at 30 percent, which does not meet the criteria for a higher rating. The Board also found that he is unable to secure and follow substantially gainful employment due to his service-connected disabilities.

The Veteran's appeals for increased disability ratings and service connection have been remanded due to the need for additional development, including obtaining CVs of VA examiners who conducted previous examinations.

The Board has determined that the Veteran's lumbar spine disorder had its onset during his active duty service and grants service connection for this condition.

The Board has remanded the claims for service connection due to new and material evidence having been submitted, as well as the right ankle condition secondary claim. The Veteran will receive an SOC in response to his NOD.

The Veteran's right great ingrown toenail is not rated higher than noncompensable.,For the appeal period prior to October 24, 2019, a rating in excess of 10 percent for right knee patellofemoral pain syndrome is denied.,For the appeal period from December 1, 2020, a rating in excess of 30 percent for right knee patellofemoral pain syndrome is denied.,The Veteran's left ingrown toenail and thoracolumbar spine condition are not service-connected.,Service connection cannot be established for the Veteran's left ingrown toenail or thoracolumbar spine condition.

The Veteran's bilateral hearing loss is currently rated as 10 percent prior to June 7, 2022, and denied for a compensable rating since that date.,Service connection for the lumbar spine disorder, left upper extremity neuropathy, and bilateral lower extremity disability (including knee strain) are remanded.

The Veteran's previously denied claim of service connection for a back disability is reopened. The issues of rating higher than 10 percent for left and right lower extremity exertional compartment syndrome, as well as service connection for upper extremity carpal tunnel syndromes are all remanded.

The Board has remanded the claims for service connection for right knee, lower back, and left hip disabilities due to inadequate medical opinions. A new VA examination is required to address the etiology of these conditions and their relationship to service.

The Veteran's claims for increased ratings have been withdrawn. The Board has also remanded several issues related to service connection and rating criteria due to the need for additional medical examinations or studies.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent prior to January 20, 2023, and since January 20, 2023, for degenerative disc disease of the lumbosacral spine. Additionally, the TDIU claim is also remanded.

The Veteran's TDIU claim is denied prior to October 6, 2021 as he was employed in a substantially gainful occupation with reported earnings above the poverty threshold level for a single person and a household of two people.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for service-connected lumbar strain, service connection for cervical spine disability, and various nerve disabilities. The Veteran will need to undergo new VA examinations to assess his current condition and provide opinions on the nature and etiology of these conditions.

The Veteran's claims for increased evaluations of his service-connected disabilities are being remanded due to the need for additional examinations and development of records.

The Board has remanded the case for an additional opinion regarding the etiology of the Veteran's low back condition, specifically considering his lay statements and medical records from service.

The Board has remanded the claim for TDIU on an extraschedular basis prior to June 30, 2022 due to the addition of service-connected disabilities and the Veteran's work history. The Director of Compensation Services is asked to consider whether the back disability contributed to the Veteran's inability to work.

The Board dismissed the appeal for service connection of whiplash injuries to the shoulders and granted a TDIU rating from September 9, 2020.

The Veteran withdrew his appeals concerning increased disability ratings for lumbar strain and adjustment disorder with anxiety and depression.

The Board has decided to remand the Veteran's claim for a low back disability due to incomplete development and lack of examination. The case will be returned for further action.