Back / lumbar spine decisions — 2023

The Veteran's low back disability is currently rated at 20 percent prior to January 29, 2018, and at 10 percent thereafter. The Board has ordered a remand for further development including obtaining additional medical records and scheduling the Veteran for a VA examination.

The Veteran's claim for a higher rating for arthritis of the lumbar and thoracic spine prior to May 28, 2022 was denied. A 50 percent rating is granted since that date.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment since September 8, 2008. The Board has granted a TDIU effective from that date.

The Veteran's claims for increased ratings for his low back and right knee disabilities have been denied. The current rating of 40 percent for the service-connected low back strain with DJD L5-S1 and DDD and severe neural foraminal stenosis is maintained, as are the separate ratings for symptomatic removal of right knee cartilage (20 percent) and lateral instability (10 percent).

The Board has decided to remand the case for a new VA examination and opinion regarding the Veteran's thoracolumbar spine disorder, which may be related to service or secondary to his service-connected bilateral pes planus.

The Veteran's lumbar spine condition is rated at 40 percent, and the Board denied an increased rating. Ratings of 20 percent were granted for bilateral lower extremity radiculopathy prior to October 12, 2021.

The Veteran's claims for increased ratings were denied, with the exception of a remand for further development on several service connection issues. The lumbosacral strain claim was denied as there is no evidence that it meets the criteria for a higher rating. The allergic rhinitis claim was also denied since it does not meet the criteria for a 10% rating due to lack of obstruction or polyps. Other claims were remanded.

The Board has reopened the Veteran's claims for service connection for various conditions, but has remanded them for further development. The issues of service connection are now pending.

The Board dismissed the appeal because the appellant withdrew his request for a higher evaluation in excess of 40 percent for his lumbar strain with L5-S1 posterior disc herniation and bilateral L5-S1 apophyseal joint facet osteoarthritis.

The Board has remanded the Veteran's claims for service connection and TDIU due to incomplete development, including a lack of VA examinations. The Veteran is required to provide updated medical records and must be scheduled for further VA examinations.

The Board has granted service connection for a back disability, left leg radiculopathy of the sciatic nerve, and right leg radiculopathy of the sciatic nerve.,A rating of 10 percent is granted for residuals of left varicocelectomy.

The Board has remanded the case due to insufficient information provided by a VA examination regarding whether the Veteran's back disability is related to his service-connected bilateral knee degenerative arthritis with chondromalacia.

The Board has remanded the claims for service connection for low back, right knee, and left knee conditions due to inadequate examination opinions.

The Veteran's lumbar spine disability is rated at 20 percent since December 21, 2020. The appeal for higher ratings prior to that date and after are denied.

The Board has granted a total disability rating based on individual unemployability due to service-connected conditions, but the claim is dismissed as it represents a full grant of benefits.

The Veteran's shell fragment wounds in the lumbar spine area are rated at 40 percent, effective August 17, 2010. The scars are rated at 10 percent.,The Veteran's claims for service connection for chronic fatigue syndrome and bilateral hearing loss have been remanded.

The Veteran's other specified trauma and stressor-related disorder is related to service, but he does not have a diagnosis of PTSD. Service connection for the acquired psychiatric disability (other specified trauma and stressor-related disorder) is granted. The claims for PTSD, ED, migraines, seizure disorder (also claimed as epilepsy), and sleep apnea are remanded.

Service connection for mental disorder, heart problems, and low back disability is granted.,An initial rating higher than 10 percent for tinnitus is denied. An effective date earlier than March 1, 2017 for service connection for tinnitus is also denied.

The Board has denied service connection for a low back disability and a right hip disability, finding that the Veteran's current conditions are not related to his military service.

The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 due to concerns about the adequacy of the independent medical opinions provided.