Back / lumbar spine decisions — 2023

The Board has remanded the issues of service connection for low back disability and bilateral hip and leg disability as secondary to service-connected residuals of prostate cancer, due to a lack of adequate medical opinions addressing causation or aggravation by brachytherapy. The issue of service connection for skin cancer is also remanded due to inadequate examination.,The Board has also remanded the issue of service connection for skin cancer, to include as due to herbicide agent exposure, due to an inadequate examination.

The Veteran's right foot drop and post-operative residuals of a herniated nucleus pulposus of the lumbar spine are rated at 60 percent each, effective April 18, 1996. The Board has remanded both issues for further action.

The Board has remanded the Veteran's claims due to inadequate examination reports and unresolved issues related to his service-connected back disability, left orbital fracture, left knee tendonitis, and cholecystectomy.

The Board has remanded the case due to insufficient evidence in the March 2020 VA spine examination report, and a new examination is needed.

The Board has denied service connection for right foot, left foot, and wrist conditions. The Veteran's bilateral hip and shoulder conditions have been granted.,Service connection was not established for the Veteran's claimed disabilities.

The Veteran's back disability is granted a 40% rating from December 21, 2015 to January 16, 2019. The right and left lower extremity radiculopathies are each rated at 20%. The right and left ankle disabilities remain at 10%.

The Board has decided to remand the claims for service connection due to potential outstanding records and new evidence.

The Board has remanded the case due to lack of compliance with previous remands and for obtaining updated VA treatment records, as well as private treatment records from relevant providers. The Veteran's claim for service connection for a back disability is now pending again.

The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities did not prevent him from securing or following a substantially gainful occupation.

The Board has granted service connection for degenerative arthritis of the lumbar spine, finding that the Veteran's in-service back pain and subsequent diagnosis are related to his current condition. The claim was reopened due to new evidence provided since the previous denial.

The Board has reopened the Veteran's claims for service connection of left, right knee disabilities and hip disabilities as well as low back disability. The claims are being remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's lumbar spine disability was rated at 20 percent prior to September 15, 2020 and denied a higher rating. From September 15, 2020, the Veteran's lumbar spine disability was denied a higher than 40 percent rating.,The Veteran's right wrist limitation of motion was granted a 20 percent rating.

The Veteran withdrew his appeal for all issues related to the initial ratings and service connection claims. The Board dismissed the appeal due to the Veteran's withdrawal.

The Board has dismissed the appeal as the Veteran withdrew it in February 2023.

The Veteran's claims for increased ratings for lumbosacral strain and hemorrhoids were denied. The Board found that the evidence did not support a higher rating for either condition during the period on appeal.

The Veteran's claim for additional retroactive compensation was denied because he had already received half of the compensation at the 10% rate for the period in question, and his combined disability rating was only 10%. The decision is based on existing regulations regarding incarceration and compensation.

The Veteran's cervical spine degenerative arthritis is now rated at 30 percent, effective from August 23, 2011. The lumbar spine disability remains rated at 20 percent prior to December 11, 2017.

The Board has remanded the Veteran's claims for entitlement to service connection for a right shoulder disability and a low back disability due to inadequate compliance with previous remand instructions.

The Veteran's cervical spine disability was not rated higher than 20 percent prior to August 8, 2005, and not higher than 30 percent from that date.,The Veteran's right knee tendonitis with arthritis did not meet the criteria for a rating in excess of 10 percent.

The Board has determined that the Veteran's current low back disability did not begin during his active service and is unrelated to any in-service injury, thus denying his claim for service connection.