Back / lumbar spine decisions — 2023

The Board has identified new evidence that was not considered in the previous decision and has ordered its consideration. The Veteran's claims for service connection on multiple conditions are being remanded to allow for further review of this new evidence.

The Board dismissed the appeal of entitlement to service connection for a right hip disability. The effective date for the award of service connection for right knee osteoarthritis was denied as it is not earlier than September 23, 2014. A compensable evaluation for migraine headaches was denied. For the period prior to March 2, 2020, a 20 percent rating for lumbar spine disability with associated radiculopathy was granted; however, an evaluation in excess of 10 percent for right lower extremity radiculopathy and left lower extremity radiculopathy was denied.

The Board denied service connection for a lumbar spine disability, but granted service connection for hepatitis C and an acquired psychiatric condition secondary to hepatitis C.,Service connection was established for hepatitis C based on evidence of treatment in service and the Veteran's current diagnosis.

The Board has determined that the VA examinations provided are inadequate and requires new opinions to determine if the Veteran's claimed conditions are related to service.

An effective date of June 29, 2018 for a 40 percent rating for chronic low back strain with degenerative arthritis and intervertebral disc syndrome (low back disability) is granted.,The 20 percent ratings for sciatic nerve radiculopathy of the right lower extremity from September 1, 2018 through December 20, 2021 are reinstated.,The 20 percent ratings for sciatic nerve radiculopathy of the left lower extremity from September 1, 2018 through December 20, 2021 are reinstated.,An effective date of October 4, 2018 for special monthly compensation (SMC) under 38 U.S.C. § 1114(s) is granted.,TDIU on an extraschedular basis due to a service-connected low back disability, sciatic nerve radiculopathy of the right lower extremity, and, since April 16, 2013, sciatic nerve radiculopathy of the left lower extremity, effective from February 19, 2010 through June 28, 2018 is granted.,TDIU on a schedular basis due to a service-connected low back disability and sciatic nerve radiculopathy of the right and left lower extremities since June 29, 2018 is granted.

The Veteran's claim for a higher rating for her service-connected degenerative disc disease of the cervical spine is being remanded due to insufficient evidence and need for updated treatment records.

The Board has remanded the Veteran's claims for service connection due to insufficient rationale in previous VA opinions and lack of consideration of potential secondary service connection.

The Board has determined that the Veteran's lumbar strain with scoliosis, right lower extremity radiculopathy of the sciatic nerve, and left lower extremity radiculopathy of the sciatic nerve do not warrant evaluations in excess of their current ratings. The issues of service connection for a left knee disability, carpal tunnel syndrome, and heart disorder have been remanded due to lack of substantial compliance with prior remand instructions.

The Veteran's lumbar spine disability is rated at 20 percent, but not more, and the appeal for a higher rating is granted. The Board also considered extraschedular consideration but found no basis to grant such.

The Board has remanded the claims of service connection for various conditions due to incomplete records from the Veteran's National Guard service.

The Veteran's lumbar spine degenerative disc disease, degenerative joint disease, and facet disease are granted service connection. The craniectomy residuals with skull defect are granted a 50 percent rating prior to December 30, 2022, but denied any higher rating on or after that date.

The Board has determined that the Veteran's degenerative disc disease and degenerative arthritis of the lumbar spine are related to service, granting their claim for service connection.

The Board has decided to remand the cases for further clarification regarding whether a back disorder and hypertension preexisted service or were aggravated by service.

The Board has determined that more development is needed for the Veteran's service connection claims, including VA examinations and consideration of additional evidence. The claims are being remanded to allow for this.

The Veteran's service-connected disabilities, including his low back disorder and chronic adjustment disorder, rendered him unable to secure or maintain substantially gainful employment from June 4, 2012, to January 30, 2020. The Board granted a TDIU for this period.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical opinions regarding his service-connected lumbar spine disability and associated left lower extremity radiculopathy. The AOJ will also consider a TDIU claim, including on an extraschedular basis if appropriate.

The Veteran's low back, left hip, right knee, and left knee disabilities are being remanded for additional examinations to assess their current severity due to inadequate previous evaluations.

The Veteran's lumbar spine disability is rated at 40 percent from January 15, 2010. The Board granted a TDIU effective February 6, 2010.

The Board has granted service connection for a low back disability and remanded the issues of service connection for left knee and right ruptured tympanic membrane disabilities, as well as the issue of a compensable rating for the right ear condition.

The Board has remanded the case due to an error in a previous VA opinion, and now requires additional development including a new VA examination.