Back / lumbar spine decisions — 2023

The Board has granted service connection for right lower extremity radiculopathy (claimed as residuals of groin surgery) secondary to the Veteran's service-connected degenerative arthritis of the lumbar spine, finding that the evidence is approximately evenly balanced in favor of the Veteran.

The Board has remanded the issues of entitlement to an increased rating for PTSD and a TDIU due to unresolved procedural and evidentiary issues.

The Board denied service connection for a low back disability, finding that the Veteran's current condition is not attributable to his military service.

The Veteran's initial increased ratings for chronic right knee strain with bursitis and right knee instability are pending. The Board has also remanded the issues of service connection for a back disability, TDIU, and non-service-connected pension benefits prior to July 28, 2010.

The Board has withdrawn the issue of entitlement to a higher initial evaluation for degenerative arthritis of lumbar spine. The issue of entitlement to a higher initial evaluation for right hip strain is remanded due to lack of recent VA examination.

The Veteran's initial 20% rating for lumbar strain/spasm prior to May 25, 2022 is granted. The Veteran's degenerative arthritis/lumbar disability from May 25, 2022 is rated at 40%. The effective date for service connection of left lower extremity radiculopathy is set at October 10, 2018.

The Board has restored the Veteran's 20% rating for her lumbar spine degenerative disc disease from February 1, 2019.

The Board has decided to remand the case due to inadequate consideration of the Veteran's lay statements and a need for new VA examination.

The Veteran's initial rating for his back disability is denied as it does not meet the criteria for a higher than 10 percent evaluation. The claim for TDIU is also denied due to the Veteran's ability to secure and maintain substantial gainful employment despite his service-connected disabilities.

The Board has determined that new and material evidence was submitted to reopen the claim for service connection for a back disability. The Veteran's current back disability is not related to his active duty service, and therefore, service connection is denied.

The claim for service connection for DJD with chronic low back pain and lumbar radiculopathy has been reopened due to the submission of new evidence. The case is now remanded for further evaluation.

The Veteran's service-connected disabilities rendered him disabled to the extent that he required the regular aid and assistance of another person, leading to a grant of special monthly compensation based on the need for aid and attendance.

The Board denied the Veteran's claims for service connection for a low back disability and hypertension, finding that new and material evidence was not submitted to reopen these claims.,The evidence received since the August 2013 rating decision did not provide any new or material information regarding the onset of the claimed conditions during active service.

The Veteran's bilateral hearing loss is not service-connected as there was no evidence of in-service noise exposure and the current disability did not manifest within one year after separation from active duty.,The Veteran's stomach ulcers are not service-connected due to lack of continuity of symptomatology since service or a diagnosis within one year of discharge.

The Veteran's service-connected disabilities prior to October 12, 2013 prevented him from securing or following substantially gainful employment.

The Board has found that the Veteran's lumbar spine disability does not meet or approximate criteria for a rating in excess of 40 percent prior to December 11, 2019. The appeal is remanded due to other issues.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of a chronic disease during or within one year after service and that any current condition is less likely related to military service.

The Veteran's lumbar spine disability is remanded for a VA examination to determine the current level of severity. The issue of entitlement to TDIU is also remanded as it is inextricably intertwined with the rating claim.

The Board has granted service connection for a thoracolumbar spine disability, finding that the Veteran's current condition had its onset in service. Service connection was also remanded for bilateral hearing loss.

The Board has decided to remand the Veteran's claim for a new VA examination due to inadequate opinions in previous examinations. The examiner must consider the Veteran's lay statements regarding his injury during basic training and provide an opinion on whether it is at least as likely as not that his lumbar disability had its onset during service.