Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for increased disability ratings and a total disability rating based on individual unemployability due to his service-connected lumbar spine intervertebral disc syndrome with degenerative arthritis.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection of a lower back disability. The case is remanded for further development, including obtaining additional medical opinions.

The Board has granted service connection for a left index finger disability and remanded the issue of service connection for a low back disability.

The Veteran's back disability is granted at a 40 percent rating, effective April 23, 2015 to May 31, 2015 and from March 29, 2018 to April 30, 2018. The ratings for left lower extremity radiculopathy of the sciatic nerve are denied prior to March 19, 2013 and from March 19, 2013 forward.

The Veteran's lumbar degenerative disc disease is rated at 40 percent, but no higher. The Board has granted a TDIU based on the Veteran's service-connected disabilities.

The Veteran's claims for unspecified depressive disorder, left knee disability (claimed as a left leg condition), and degenerative arthritis of the lumbar spine with lumbar radiculopathy have been reopened. Service connection is granted for these conditions.

The Veteran's increased disability rating for degenerative arthritis of the lumbar spine with IVDS, in excess of 10 percent from September 4, 2009, and in excess of 20 percent from June 30, 2022, is denied. Separate ratings of 10 percent are granted for left lower extremity radiculopathy (sciatic nerve) and right lower extremity radiculopathy (sciatic nerve) for the initial rating period from September 4, 2009 to November 10, 2021.

The Board has remanded the Veteran's claims for an increased rating for lumbosacral strain, service connection for bilateral hearing loss, and service connection for tinnitus due to outstanding records and need for updated examinations.

The Board has remanded the Veteran's claims for service connection due to outstanding records and inadequate medical opinions. The AOJ is instructed to obtain all relevant records, including STRs and private treatment records, and seek new medical opinions regarding the etiology of the Veteran's claimed disabilities.

The Board has granted effective dates of October 28, 2015 for the grant of a 20 percent rating for low back disability and right lower extremity peripheral neuropathy (sciatica). The petition to reopen the claim for service connection for left shoulder disability is remanded.

The Veteran's claim to service connection for a back condition was reopened and granted.,Service connection is now established for lumbar spine disorder and cervical spine disorder.

The Board denied service connection for a lumbar spine disability, finding that the Veteran's current condition is not related to his active service and does not meet the criteria for presumptive service connection.

The Board has remanded the claims for increased ratings for low back disability, right and left lower extremity radiculopathy, as well as the issue of TDIU from July 15, 2015 to May 13, 2016. The Veteran needs a VA examination to assess his current range of motion and functional impairment due to pain, and for an opinion on whether his disability is equivalent to ankylosis. Additional records are needed regarding the Veteran's employment history at Perry Point VA Medical Center.

The Board has determined that additional evidentiary development is still necessary prior to the adjudication of the issues of appeal, including obtaining VA examinations for the Veteran's musculoskeletal disabilities and information regarding his employment status.

The Board has granted a 40 percent rating for the Veteran's lumbar spine degenerative disease with IVDS effective November 1, 2017. The restoration of the 60 percent rating was denied.

The Board has denied the Veteran's claims for service connection for various conditions, including left and right heel spurs, chronic bronchitis, pulmonary issues, hypertension, hemorrhoids, acid reflux, bilateral tinea pedis, a disability of the lumbar or thoracic spine (upper back strain), and a headache disorder (migraines). The Board found that there is no evidence to support these claims.

The Board has decided to remand the case due to inadequate etiological opinions provided by a VA examiner. The Veteran's back disability is being reviewed again for proper determination of its nature and cause.

The Board dismissed the Veteran's motion to revise or reverse rating decisions dated in November 1985 and September 1987 based on CUE, finding that the Veteran did not present a clear and specific argument for such claims.

The Veteran's claim for service connection for a left shoulder disability is granted. The claims for service connection for back, psychiatric disorders (including PTSD and major depressive disorder), TBI residuals, sleep apnea secondary to TBI, and seizure disorder secondary to TBI or acquired psychiatric disorder are remanded.

The Board has remanded several claims for further development due to receipt of additional VA medical records. The Veteran and his representative have not waived initial AOJ consideration of this new evidence, so the appeal is returned to the AOJ for reconsideration.