Back / lumbar spine decisions — 2023

The Veteran's service-connected disabilities did not render him unemployable prior to September 2, 2020. The combined rating of his conditions was at least 50% but never reached the level required for a TDIU rating.

The Board has remanded the Veteran's claims of service connection for heart, cervical spine, and low back conditions due to lack of verification of Thailand service and incomplete development. The cases are sent back for further examination and medical opinions.

The Board has granted service connection for lumbar and cervical spine disabilities, finding that the evidence is in relative equipoise as to whether these conditions are related to active service.,Service connection was denied for right ear hearing loss and tinnitus due to a lack of current diagnoses within one year of separation from service.

The Board denied service connection for a back disability, finding that the evidence did not support a link between current symptoms and in-service events or conditions.

The Veteran's request for restoration of the 60 percent rating for service-connected lumbar degenerative disc disease with herniation at L5-S1, effective July 26, 2016, is granted. The claims for service connection for a cervical spine disorder and left upper extremity radiculopathy are remanded.

The Board denied an increased rating in excess of 40 percent for the service-connected lumbar spine disability from August 21, 2012 as it did not meet the criteria for such a rating.

The Board has determined that additional development is needed to properly assess the Veteran's back disability, including obtaining a retrospective opinion regarding its severity prior to May 20, 2021. The claims are being remanded for this purpose.

The Board has remanded the cases of service connection for a low back disability and a right lower extremity disability due to insufficient compliance with previous remand directives.

The Board has decided to remand this case due to the need for an updated assessment by a VRC or CP regarding whether the Veteran's vocational goal is reasonably feasible and if changing his goal to pursue a master's or law degree is warranted.

The Veteran's service-connected disabilities, including degenerative arthritis of the cervical spine, left shoulder condition, right shoulder arthritis, degenerative arthritis of the lumbar spine, tinnitus, and bilateral hearing loss, preclude him from obtaining or retaining substantially gainful employment. The Board granted TDIU based on this finding.

The Board has remanded the Veteran's claims for bilateral plantar fasciitis, degenerative arthritis of lumbar spine and sacroiliac joints with lumbar spondylosis, and bilateral hearing loss due to incomplete development of the record. The issues have been returned to the AOJ for further action.

The Veteran's lumbar spine condition, including discogenic disease and status post laminectomy for excision of a myxopapillary ependymoma of the lumbar spine, is granted as service connected. The condition was shown to be related to his in-service back pain.

The claim for service connection for chronic low back pain has been reopened, and the case is remanded for further development. The claims for increased ratings for chondromalacia of the left and right knees are also remanded. The TDIU claim is deferred pending further development.

The Veteran's claim for an initial rating in excess of 20 percent for lumbosacral strain, degenerative arthritis, and degenerative disc disease was denied. The Board also remanded the claims for service connection for a neck disorder and TDIU due to his back disability.

The Veteran's claims for increased ratings were denied across multiple conditions, including migraine headaches, TBI, PTSD, lumbar spine disability, gout, right and left knee disabilities, and left shoulder disability. The maximum schedular rating of 50 percent was granted for migraine headaches, but no higher rating is warranted.

The Board has decided to remand the claims for service connection for a low back condition and sinusitis due to insufficient evidence in the medical records.

The Veteran's hypertension has been rated as 10 percent disabling, but the Board found that there is no evidence of diastolic pressure predominantly 110 or more or systolic pressure predominantly 200 or more during the appeal period. Therefore, a higher rating for hypertension is denied.,The Veteran's radiculopathy of the right upper extremity and left upper extremity have been remanded as there are no VA examinations addressing these conditions since July 2020.,The Veteran's cervical myositis with cervical spine degenerative disc disease has also been remanded for a new examination to determine the severity of his disability, including range of motion testing.

The Veteran's appeal for an increased rating for his pes planus disability has been dismissed. The right knee, left knee, and back disability claims are remanded.

The Veteran's claim for increased ratings for lumbosacral strain was denied as his disability did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's claims for service connection for tinnitus, bilateral hearing loss, and lumbar spine disability have been granted. The Board found new and material evidence to reopen the claims and established that these conditions were incurred in service.