Back / lumbar spine decisions — 2023

The Veteran's claims for increased evaluations of her low back disability and right leg sciatica are being remanded due to the need for additional VA examinations to assess the severity of her conditions, including any flare-ups.

The Board has found that VBA did not substantially comply with the prior remand directives and has ordered additional development, including obtaining copies of State Disability Insurance (SDI) benefits records.

The Board has decided to remand the case due to a need for clarification of an existing VA examiner's opinion regarding the Veteran's coccyx pain and its impact on his lumbar spine disability. The claim will be returned for further development.

The Veteran's mild lumbar spondylosis was evaluated at a 40 percent rating, which is the maximum schedular rating available for this condition. The Board denied an increased rating as his symptoms did not meet or approximate the criteria for a higher evaluation.

The Veteran's cervical spine disorder is denied as not related to service. For the lumbar spine, a rating in excess of 10 percent prior to July 6, 2020 and from July 6, 2020 is also denied due to lack of incapacitating episodes or ankylosis. Right knee chondromalacia and left knee chondromalacia are each rated at the maximum allowable rating.

The Board denied the Veteran's claim for service connection for a low back disability, finding that his condition clearly and unmistakably existed prior to service and was not aggravated by service. The Board also found no evidence of any superimposed injury or disease during service.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's lumbar spine disorder, specifically whether it is related to his in-service back injury. The Veteran needs to provide additional medical records and a new VA examination will be conducted.

The Veteran's neck disability is not service-connected as it did not begin during active service or manifest within a year thereafter.,His low back condition was first noted in service, but the VA examiner opined that it is less likely caused by his military service.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional VA examinations. The Board finds that the Veteran did not receive proper notification of his scheduled VA examinations, which were cancelled due to his absence.

The Board has denied service connection for bilateral hearing loss and remanded the remaining issues. The Veteran's claims for right and left arm/hand conditions, lumbar spine condition, left knee condition, right knee condition, sleep apnea, and anemia are now before the RO for further review.

The Board has granted the Veteran's claims for service connection for a lumbar spine disability and bilateral lower extremity radiculopathy, both of which are considered direct service connections. The Veteran's current conditions are deemed to have been incurred in or caused by military service.

The Board denied the Veteran's claims for service connection for right wrist carpal tunnel syndrome, left wrist carpal tunnel syndrome, and back disability as secondary to service-connected disabilities. The evidence did not support a finding of in-service incurrence or aggravation of these conditions.

The Board has granted service connection for a low back disorder, finding that the Veteran's current disability is related to his military service. The matter of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded due to lack of information about the Veteran's employment history.

The Veteran's service-connected lumbar spine and major depressive disorder disabilities do not meet the criteria for a TDIU as her employment history is unclear, and she has failed to provide sufficient information to determine if she is unemployable due to these conditions.

The Veteran's claims for increased ratings were denied across multiple issues, including right ankle disability, low back disability, and sciatic and femoral nerve radiculopathies of the left lower extremity. The decision does not specify a particular effective date.

The Veteran's service-connected disabilities, including his right shoulder impingement syndrome and degenerative disc disease of the lumbar spine, have rendered him unable to secure or follow a substantially gainful occupation since May 6, 2011.

The Board denied service connection for a low back disability and denied compensable ratings for deviated nasal septum with allergic rhinitis, as well as separate compensable ratings for allergic rhinitis. The case was remanded for further development.

The Board has remanded the issue of service connection for migraine headaches due to a lack of an opinion regarding whether the Veteran's headache disability is at least as likely as not aggravated by his lumbar spine disability.

The Board has granted service connection for a left knee disability, but the claims for neck and lumbar spine disabilities as well as dizziness are remanded due to insufficient evidence.

The Veteran's lumbar strain disability is rated at 20% effective September 1, 2022. The left lower extremity radiculopathy (sciatic) disability remains noncompensable.