Back / lumbar spine decisions — 2023

The Veteran's claims for increased ratings and service connection were denied. The lumbar strain rating was granted at 40 percent prior to February 26, 2018, but not higher. The shin splints of the left leg rating was denied. Other conditions like bilateral hearing loss, carpal tunnel syndrome, scars, and cellulitis also had their claims denied.

The Veteran's claims for increased ratings and service connection for right hip and knee disabilities related to his back disability are being remanded due to inadequate examination reports.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and insufficient evidence regarding the etiology of his neck, bilateral carpal tunnel syndrome, and back disabilities. The Veteran is also being asked to provide additional information about flareups and repeated use over time.

The Board has remanded the case due to incomplete service treatment records, specifically for the appellant's Reserve and Louisiana Army National Guard service as well as his service at Fort Campbell, Kentucky. The AOJ is required to obtain these records.

The Board has remanded the issues for further development due to outstanding private treatment records, including from Dr. Cyr and North Central Baptist Hospital.

The Board has remanded several claims for further action, including the assignment of effective dates and the need for new VA examinations. The Veteran's service-connected cervical strain, lumbar strain, right upper extremity radiculopathy, left upper extremity radiculopathy, right lower extremity radiculopathy, and left lower extremity radiculopathy are all under review.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation for the period prior to June 9, 2022. The Board finds that his service-connected conditions render him unable to secure or follow a substantially gainful occupation and grants TDIU on an extraschedular basis.

The Veteran's radiculopathy of the left lower extremity was granted service connection based on secondary to his lumbar spine disability. An effective date of November 6, 2003, but no earlier, is assigned.

The Board has determined that the Veteran's degenerative joint disease of the lumbar spine is aggravated by his service-connected right hip disability, and thus grants service connection for this condition.

The Veteran's appeal for a higher rating for tinnitus was dismissed. Service connection was granted for left ankle, right ankle, and low back conditions as secondary to service-connected bilateral pes planus and plantar fasciitis.

The Board has determined that the VA medical opinions provided do not comply with the remand instructions and thus, the claims for service connection are being remanded again.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for his lumbar spine degenerative disc disease and for a TDIU prior to August 1, 2019. The AOJ is required to obtain VA treatment records from the Bay Pines Health Care System and determine if separate compensable ratings are warranted for any neurological abnormalities associated with his service-connected condition. If not, the case should be referred to the Director of Compensation Service for consideration of an extraschedular TDIU.

The Board has remanded the claims for increased ratings for a low back disability and bronchial asthma with sleep apnea, as well as the TDIU claim due to insufficient medical records and inadequate VA examinations. The Veteran's employment history is also needed for the TDIU determination.

The Veteran's service-connected degenerative disc disease of the lumbar spine and cervical spine have been remanded for further development due to insufficient medical evidence from a previous examination in April 2013. A new VA examination is needed to assess the current severity of his disabilities, including retroactive opinions based on Correia v. McDonald (2016) and Sharp v. Shulkin (2017).

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's low back disorder is related to service. The claim will be returned for further development.

The Board has restored the Veteran's lumbosacral strain rating from 40 percent to 10 percent effective September 1, 2018, finding that the reduction was improper due to an inadequate VA examination.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA examinations.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding the severity of his low back condition and right ankle disability, as well as to determine if these conditions approximate an evaluation for ankylosis.

The Veteran's TDIU claim was granted on an extraschedular basis from August 1, 2012, to June 6, 2021, due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.