Back / lumbar spine decisions — 2023

The Board has remanded the case due to insufficient evidence and need for further examination. The Veteran's claim of service connection for a back disability is being reviewed, along with verification of any motor vehicle accident during service and an etiology opinion regarding his back disability.

The Veteran's claim for service connection for a back disability was dismissed. The Veteran's PTSD was granted an initial rating of 70 percent prior to April 29, 2019 and denied a higher rating thereafter.

The Board has denied service connection for a low back disability, finding that the Veteran's current condition is not related to his military service. The medical evidence does not support a link between the Veteran's in-service injury and his current degenerative changes of the lower back.

The Veteran's service connection for hypertension, lumbar strain, right lower extremity radiculopathy of the sciatic nerve, and post-operative gynecomastia was granted. The Veteran also received increased ratings for left hip limitation of extension and left thigh impairment. Other issues were remanded.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and opinions regarding his claimed conditions.

The Veteran's claim for higher ratings for his thoracolumbar spine disability and associated lumbar radiculopathy was denied. The Board found that the evidence did not support a rating higher than 20 percent for the period since November 22, 2019.

The Board denied compensation under 38 U.S.C. § 1151 for a low back condition, finding that the Veteran's additional disability was not caused by carelessness, negligence, or lack of proper skill on the part of VA.

The Veteran's lumbosacral anterolisthesis resulted in forward flexion limited to 85 degrees prior to June 14, 2022. This does not meet the criteria for a disability rating higher than 10 percent.

The Board has remanded the Veteran's claims for service connection due to secondary service connection being raised by his testimony. The AOJ must arrange VA examinations to consider both direct and secondary service connection, including assessing whether any current conditions are related to active duty service or aggravated by a service-connected disability.

The Board has remanded the claim due to insufficient evidence regarding whether the Veteran's lumbar spine disability is related to service. The examiner must consider post-service treatment records, a 1993 medical opinion, and other factors in determining causation.

The Veteran is granted a TDIU effective October 25, 2018. The Board found that his service-connected disabilities rendered him unemployable from this date forward.

The Board denied the Veteran's claim for service connection of a lumbar spine disability, finding that there was no evidence linking his current condition to his military service.

The Board granted a 20 percent rating for the Veteran's service-connected low back disability prior to June 19, 2018. From June 19, 2018, the claim was denied as the Veteran did not meet the criteria for a higher rating.

The Veteran's claim for a higher rating for the back disability was denied as his findings did not more nearly approximate unfavorable ankylosis of the entire thoracolumbar spine or intervertebral disc syndrome with incapacitating episodes.,There is a lack of compliance with the Board's remand directives regarding the issues of entitlement to an effective date earlier than October 11, 2016 for the grant of service connection for tinnitus and entitlement to an initial rating higher than 10 percent for tinnitus.

The Veteran's lumbar spine disability is now rated at 20 percent effective March 18, 2020. A separate 10 percent rating for right lower extremity radiculopathy is also granted effective on the same date.

The Veteran is granted an increased initial rating of 20 percent for his low back disability, effective from November 13, 2016.,Effective May 22, 2017, the Veteran is also granted separate ratings of 10 percent each for left and right lower extremity radiculopathy.

The Veteran's lumbosacral strain and cervical DDD, C5-C6, have been granted increased evaluations.,Separate evaluations for LLE radiculopathy, RLE radiculopathy, LUE radiculopathy, and RUE radiculopathy have also been granted.

The Veteran's service-connected disabilities, including his low back disability and left shoulder disability, are found to have caused his psychiatric disorder.,Effective March 28, 2016, the Veteran is granted a 30 percent rating for his aggravated congenital absence of pectoralis major in the left shoulder.

The Veteran's cervical spine disability is currently rated at 30 percent, but the Board finds that a higher rating is not warranted.,The Veteran's radiculopathy of the upper right arm is currently rated at 40 percent, which meets the criteria for this condition.,Bilateral hearing loss does not meet the criteria for a compensable disability rating under VA regulations.,There is no evidence to support service connection for hypertension or radiculopathy of the right leg.

The Board has granted service connection for spondylolisthesis of the lumbar spine, finding that it is related to the Veteran's military service and resolving reasonable doubt in his favor.