Back / lumbar spine decisions — 2023

The Board has decided to remand the Veteran's claim for a neck/upper back disability due to inadequate medical opinions and incomplete review of his records. The case is returned to the RO for further development.

The Veteran's claim for a total disability rating based upon individual unemployability (TDIU) prior to February 5, 2020 is being remanded due to the need for extraschedular consideration.

The Veteran's lumbar spine disability is rated at 20 percent, granting an initial rating for the condition.

The Board has denied the Veteran's claims for service connection for a back disorder, bilateral hearing loss, and left knee disorder. The TDIU claim is also remanded.

The Veteran's claim for service connection for a right ankle disorder is granted. The Board has also remanded the issue of secondary service connection for low back disorder related to his right ankle disorder.

The Veteran's claims for increased ratings and an earlier effective date for service connection were denied. Service connection for an acquired psychiatric disorder was granted on a secondary basis.

The Veteran requested to withdraw their appeal regarding the lower back condition, and as a result, the Board dismissed the appeal.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including increased ratings for back and PTSD, as well as claims for sleep apnea, bilateral ankle, and bilateral shoulder disabilities. The VA will conduct additional examinations and gather medical records to determine the nature and etiology of these conditions.

The Board has remanded the claims of service connection for back disability, bilateral upper extremity neuropathy, and bilateral lower extremity neuropathy due to insufficient evidence regarding the Veteran's duty status during his Reserve service.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) as there is no evidence that he is incapable of performing the physical and mental acts required by employment.

The Veteran's application to reopen the claim of service connection for a lumbar spine disorder is granted, but the claim itself is denied. The Board also remanded the issue of an increased rating for allergic rhinitis.

The Veteran's thoracolumbar spondylosis with arthritis of the spine was initially rated at 10% prior to June 1, 2017. From June 1, 2017, it is now rated at 40%. The rating increase from 10% to 40% is granted.

The Board has remanded the claims for service connection due to incomplete verification of the Veteran's periods of active duty and inactive duty training, as well as inadequate VA opinions.

The Veteran's appeals for increased ratings and earlier effective dates were denied. The appeal for TDIU was granted.

The Veteran's lumbosacral strain was rated at 10% prior to September 4, 2015. From September 4, 2015, to June 1, 2016, a 20% rating was granted. Since June 1, 2016, the Veteran's lumbosacral strain has been rated at 40%. The radiculopathy of both lower extremities has not met criteria for higher ratings.

The Veteran requested to withdraw his appeal for service connection of a back disability, and the Board has dismissed it.

The Veteran's initial rating for service-connected lumbar strain was denied as his condition did not meet the criteria for a higher rating than 40 percent.

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

The Veteran's lumbar strain with intervertebral disc disease is rated at 20 percent, but the evidence does not support a higher rating as forward flexion of the thoracolumbar spine was found to be less than 30 degrees.,The Veteran's right hip strain is rated at 10 percent. The evidence does not support a higher rating due to limitation of abduction with motion lost beyond 10 degrees, extension limited to 5 degrees, and flexion limited to 45 degrees.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea and a lumbar spine disability, finding that there was no evidence to support a nexus between these conditions and his military service or any service-connected condition.