Back / lumbar spine decisions — 2023

The Veteran's back disability is rated at 40 percent, and the ratings for lower extremity radiculopathy are denied. The appeal is not about service connection.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that the evidence did not support a finding of in-service incurrence or aggravation and that any current condition is less likely related to military service.

The Board has previously remanded the claim for TDIU, and it is being remanded again due to the Veteran not submitting an updated VA Form 21-8940. The Veteran will be given another opportunity to submit this form.

The Veteran's low back disability is rated at 10 percent, and his left leg disability (radiculopathy) was initially rated at 10 percent prior to October 20, 2022, and then increased to 20 percent since that date. Both ratings are denied.

The Board has remanded the claims of service connection for various joint and spine disabilities due to the need for additional in-patient treatment records from an Air Force hospital in Thailand. The AOJ must provide a formal finding of unavailability for these records.

The Board has granted service connection for a back condition and left lower extremity radiculopathy as secondary to the Veteran's service-connected back disability.

The Board has remanded the Veteran's claims for an increased rating for PTSD, service connection for a low back disability, and TDIU due to new evidence being added to the file.

The Board has remanded the case due to unclear employment status and lack of complete records, including Social Security Administration earnings statements. The Veteran's claim for TDIU on an extraschedular basis prior to January 13, 2021 is now pending.

The Veteran's claim for higher evaluations for her lumbar spine disability is denied as the evidence does not show that her condition warrants a rating in excess of 40 percent at any time during the period on appeal.

The Board has determined that additional development is needed for the Veteran's claims related to his lumbar spine and right femur disabilities. The case will be remanded for further development, including obtaining medical records and scheduling examinations.

The Board has determined that additional development is needed to determine the etiology of the Veteran's claimed bilateral ankle, knee, and low back disorders. The case will be returned for further development.

The Veteran's TDIU due solely to a service-connected TBI is granted as of March 25, 2013. SMC under 38 U.S.C. § 1134 is granted from March 27, 2015, to May 8, 2016.

The Board denied the Veteran's claim for a TDIU rating on an extraschedular basis, finding that his service-connected low back disability and depressive disorder did not prevent him from securing and maintaining substantially gainful employment.

The Board has remanded several issues related to the Veteran's service connection claims for shoulder and back conditions, which are secondary to his service-connected multiple sclerosis. The VA examiners' opinions were inadequate, and an addendum opinion is needed.

The Veteran's claim for an increased rating in excess of 10 percent for her service-connected lumbosacral spine strain is remanded due to the need for additional examination and opinion regarding range of motion.

The Veteran's claims for service connection for an acquired psychiatric disability and a higher evaluation for his lumbar spine disability are remanded. Additionally, the issue of TDIU is inextricably intertwined with these issues.

The Board has determined that the Veteran's claims for service connection are not fully developed and requires additional evidence to make a determination. The issues include residuals of a concussion, left shoulder condition, bilateral foot condition, skin condition of the bilateral feet, and low back condition.

The Board has remanded the claim for service connection for left knee arthritis, as secondary to service-connected DDD with spondylolisthesis of the lumbar spine, radiculopathy of the bilateral lower extremities, and right knee osteoarthritis with total knee replacement. Additional addendum opinions are needed to address the Veteran's theory that changes in biomechanics due to other service-connected conditions have aggravated his left knee arthritis.

The Veteran's lumbar spine degenerative arthritis with herniated disc L4-5 was granted a 40% disability rating for the period from March 30, 2015 to May 10, 2022. The Board found that the Veteran's symptoms and limitations more nearly approximated the criteria for a 40% rating during this period.

The Veteran's claim for service connection for residuals of ruptured ovarian cysts is granted. The claim for service connection for lumbar spine disability is denied. The Veteran's ratings for right and left foot status post stress fracture are both granted at a 20 percent level.