Back / lumbar spine decisions — 2023

The Board has remanded the issues of service connection for a cervical spine disability, TDIU, erectile dysfunction, bladder disability as secondary to a back disability, and back surgical scars as secondary to a back disability due to incomplete development of records.

The Veteran's service-connected disabilities have been granted, including a total disability rating based on individual unemployability due to his service-connected conditions. The initial compensable ratings for bilateral hearing loss and residual scar associated with right knee disability were denied.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy disabilities have prevented him from securing or following a substantially gainful occupation since March 31, 2009. The Board has granted entitlement to TDIU on an extraschedular basis.

The Veteran's application to reopen the claim of service connection for back condition has been granted. Service connection is also established for tinnitus.,Issues related to increased ratings for bilateral knee conditions and service connection for back condition, as well as bilateral hearing loss, are being remanded for further examination and opinion.

The Veteran's lumbar spine disability is rated at 40 percent from January 30, 2018 onward. The Board found the evidence supports this rating based on limited forward flexion to 30 degrees.

The Veteran's service-connected testicular cancer and its metastasis to the retroperitoneum are granted as well as several related conditions. The cause of death is also granted.

The Veteran's service-connected low back disability results in functional impairments, and he is not entitled to a TDIU based on his current schedular rating. The Board cannot decide entitlement to a TDIU on an extraschedular basis, so the matter is remanded for referral to the Director, Compensation Service.

The Board has determined that additional development is needed to determine the etiology of the Veteran's low back disorder, including whether it clearly and unmistakably preexisted service.

The Veteran's claim for an increased disability rating for low back strain with degenerative arthritis is denied.,The Veteran's claims for initial disability ratings for radiculopathy of the left lower extremity, peripheral neuropathy of the right lower extremity (previously rated as radiculopathy, right lower extremity), and radiculopathy of the right lower extremity of the femoral nerve are remanded.,The Veteran's claims for initial disability ratings for radiculopathy of the left lower extremity, peripheral neuropathy of the right lower extremity (previously rated as radiculopathy, right lower extremity), and radiculopathy of the right lower extremity of the femoral nerve are remanded.

The Board has determined that a remand is required for the Veteran to be afforded VA examinations to determine the etiology of his claimed thoracolumbar and cervical spine disorders, as well as whether these conditions are related to service.

The Veteran's claim for an acquired psychiatric disorder due to MST has been reopened, but service connection is denied.,Service connection for a lumbar spine disorder and cervical spine disorder remains denied.

The Board has reopened the previously denied claim of service connection for a low back disability and remanded it for further development.

The Board has remanded the Veteran's claims for further development and consideration, including obtaining additional medical examinations to assess his back and right knee disabilities due to limitations caused by Parkinson's disease.

The Board found that the withholding of VA disability compensation benefits for 69 training days in FY 2009 was proper and denied the Veteran's appeal.

The Veteran's right knee and left knee disabilities, as well as his IVDS with degenerative arthritis of the lumbar spine and bilateral lower extremity peripheral neuropathy are all remanded for further development.,Specifically, a new VA examination is needed to evaluate the current extent and severity of the Veteran's bilateral knee disabilities. The Veteran also needs an updated VA examination for his IVDS and degenerative arthritis.

The Board has remanded the claim due to insufficient compliance with previous remand requests, and further development is needed to determine if any diagnosed lumbar spine disabilities are related to service or any event, injury, or disease during service.

The Veteran's service-connected lumbar spine strain and migraine headaches have been granted. The psychiatric disorder claim has been remanded.

The Board has remanded the claims for service connection due to inextricably intertwined issues and a need for further examination. The Veteran's bilateral pes cavus is being examined to determine if it was aggravated by his service.

The Veteran's insomnia disorder and adjustment disorder are rated at 30 percent effective February 12, 2015.,The Veteran's lumbar spine condition is not rated higher than 10 percent prior to September 19, 2022 and 20 percent thereafter.

The Veteran's service-connected conditions did not prevent him from securing and maintaining substantially gainful employment prior to June 7, 2013. Therefore, the Board denied an earlier effective date for TDIU.