Back / lumbar spine decisions — 2023

The Veteran's service connection claim for degenerative disc disease and spondylosis of the cervical spine is granted, as well as his secondary service connection claim for radiculopathy of the upper extremities due to this condition.

The Veteran was granted a TDIU rating prior to March 24, 2010 due to his service-connected disabilities preventing him from securing or following substantially gainful employment.

The Board has decided to remand the claims for service connection for back, neck, left knee, and right knee disabilities due to incomplete records. The Veteran's Social Security Administration disability benefits records and VA treatment records from the Columbus CBOC prior to 2001 need to be obtained.

The Board denied the Veteran's claim for an effective date earlier than February 26, 2016, for the grant of a total disability rating based on individual unemployability due to service-connected disabilities. The Board found that prior to February 26, 2016, the Veteran did not meet the schedular criteria for a TDIU and there was insufficient evidence to substantiate a reasonable possibility that he was unemployable by reason of his service-connected disabilities.

The Board has determined that additional development is needed to determine the etiology of the Veteran's low back disorder and whether it is related to her service-connected disabilities or medications used to treat these conditions.

The Veteran's appeal for an increased rating for PTSD and entitlement to a TDIU have been dismissed.,Service connection has been granted for low back disorder, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity.

The Board has remanded the Veteran's claim for an increased rating for his service-connected back disability due to inadequate examination and failure to provide adequate reasons and bases.

The Board has decided that the Veteran's back disability is related to his in-service right shoulder injury and should be considered for service connection. However, due to inadequate examination findings, a new VA examination is required to determine if the Veteran's back condition had its onset during service or is aggravated by his service-connected right shoulder condition.

The Veteran's cervical intervertebral disc syndrome and lumbar spondylosis, L4-L5, L5-S1 with degenerative disc disease are each rated at 20 percent disabling. The Board finds that a higher rating is not warranted for either condition during the period on appeal.,The Veteran's cervical spine disability has been rated based on limitation of motion and currently assigned a 20 percent rating.

The Board has decided to remand the case due to insufficient explanations in a previous VA opinion and the need for additional medical records. The Veteran's claim of service connection for his back disability is being returned for further evaluation.

The Board has denied service connection for muscle atrophy due to lack of evidence of current disability. Service connection for a thoracolumbar spine condition is remanded as there are indications it may be related to incidents in service and/or service-connected cervical spine disabilities.

The Board has decided to remand the Veteran's claim of service connection for his lumbar spine disability, as it is unclear whether the underlying condition was aggravated by his other service-connected disabilities. The case will be returned for further development.

The Board has granted service connection for the Veteran's left knee, right knee, and thoracolumbar spine disabilities based on continuity of symptomatology since service.

The Board has remanded the Veteran's claims for additional development due to outstanding treatment records and an addendum opinion regarding his lumbar spine disability. The issues of service connection for a lumbar spine disability and residuals of a head injury are being reviewed.

The Board has remanded the cases of service connection for lumbar spine, left hip, and right knee disorders due to their potential relationship with a service-connected right foot disability. The VA is instructed to obtain new examinations and opinions that consider the Veteran's lay reports regarding his symptoms.

The Board denied the Veteran's appeal as the withholding of VA disability compensation benefits for 31 training days in FY 2014 was proper, based on the documentation provided by the Veteran and his unit commander.

The Veteran's claims for bilateral hearing loss and tinnitus have been denied as there is no current diagnosis of bilateral hearing loss.,The Veteran's claim for an increased rating for her service-connected radiculopathy, right sciatic nerve, left sciatic nerve, hemorrhoids, degenerative arthritis of the right knee, cervical spine degenerative arthritis, kidney stones, lip numbness, and gastrointestinal disorders have been remanded.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for additional disability of the lumbosacral spine and right lower extremity neuropathy due to VA treatment is denied as there was no additional disability resulting from VA care, and any alleged failure by VA to diagnose or treat did not result in progression of his condition.

The Veteran's allergic rhinitis was not rated higher than 10 percent, as it did not meet the criteria for a higher evaluation.,The Veteran's lumbosacral strain was not rated higher than 40 percent, as there was no evidence of unfavorable ankylosis.

The Board has remanded the case due to inadequate examination and lack of consideration of the Veteran's in-service injury and symptoms. The Veteran is seeking service connection for a lumbar spine disorder, which she claims was caused by carrying heavy equipment during active military service.