Back / lumbar spine decisions — 2023

The Board has reopened the Veteran's claim for service connection of a lower back condition. The left shoulder disability is currently rated at 20 percent and remains unchanged.

The Board has found that an additional remand is required to ensure substantial compliance with prior Board remand directives for the Veteran's lumbar spine disability and related radiculopathy claims. The claims are being returned for further development, including obtaining a medical examination.

The Board has granted service connection for the Veteran's back disability, finding that his current condition is related to a 1971 injury during active duty and resolving reasonable doubt in his favor.

The Board has remanded several issues for further development, including service connection claims and disability rating determinations. The Veteran's appeal is not about service connection at all.

The Board has found that further development is needed for the claims of service connection and initial disability evaluation for left knee strain, degenerative disc disease (lower back), left hip degenerative joint disease, and left lower extremity radiculopathy. The Veteran's service records show he was injured in 1980 while playing basketball, which may be related to his current disabilities.

The Veteran's claims for a higher rating for lumbar strain and TDIU are being remanded due to the need for additional examinations and consideration of his application for TDIU.

The Veteran's degenerative disc disease, lumbosacral spine with intervertebral disc syndrome (IVDS), was denied a rating in excess of 40 percent for the period of January 7, 2010, to April 25, 2018.,The Veteran's degenerative disc disease, lumbosacral spine with intervertebral disc syndrome (IVDS), was denied a rating in excess of 10 percent for the period of April 26, 2018, to February 24, 2019.,The Veteran's degenerative disc disease, lumbosacral spine with intervertebral disc syndrome (IVDS), was denied a rating in excess of 20 percent for the period of February 25, 2019, to October 29, 2021.,The Veteran's degenerative disc disease, lumbosacral spine with intervertebral disc syndrome (IVDS), was denied a rating in excess of 40 percent for the period of October 30, 2021, to Present.

The Board has remanded the claims for a low back condition, right wrist disability, right hand disability, right foot disability, and TMJ disorder due to inadequate examination reports. The Veteran's service connection claims are not supported by the evidence.

The Veteran's service-connected PTSD with secondary major depressive disorder was granted a TDIU effective April 11, 2017. The appeal for the TDIU prior to that date is dismissed as moot.

The Veteran's claims for service connection and a rating for his right hand disability, as well as his bilateral lower extremity sciatica secondary to his low back condition, are being remanded due to the need for additional medical examinations.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied. The Board found that the evidence did not support a rating in excess of 20 percent, as forward flexion of the thoracolumbar spine was greater than 30 degrees but not greater than 60 degrees.

The Board has remanded the Veteran's claims for service connection for low back disability, right knee disability, left knee disability, and PTSD due to failure of the Veteran to report for VA examinations scheduled in November 2018. The Veteran was provided an opportunity to reschedule the examinations but did not do so without good cause.

The Board has remanded the claims for service connection for left foot pes planus, lumbar spine condition, cervical spine condition (secondary to a lumbar spine condition), great left toe disability, and left foot disability (other than pes planus) due to insufficient medical opinions addressing the etiology of these conditions.

The Veteran withdrew his appeal for an earlier effective date for the grant of service connection for a lumbar spine disability.

The Veteran's service-connected major depressive disorder with anxiety disorder, chronic lumbar sprain, and residuals of a left ankle fracture have rendered her unable to secure or follow substantially gainful employment due to the combined impact of these conditions.

The Veteran requested to withdraw the appeal of four issues related to low back disability, brain injury residuals, and radiculopathy. The Board dismissed these appeals as a result.

The Veteran's appeal for increased ratings for degenerative joint and disc disease of the lumbar spine has been dismissed as the Veteran withdrew their appeal.

The Board has remanded the Veteran's claims for migraine headaches, acquired psychiatric disorder (including sleep disturbances and PTSD), back condition, and left knee strain due to service-connected right knee strain. The claims are being returned for further development including new examinations and medical opinions.

The Veteran's mental health disability has been rated at 100 percent since April 8, 2022.,The Veteran's multilevel DDD/DJD lumbosacral spine with severe stenosis was not manifested by unfavorable ankylosis and remains rated at 40 percent.

The Board has granted service connection for cervical spine DDD status-post C6-C7 fusion and chronic headaches, both of which are deemed to be directly related to the Veteran's active duty service.