Back / lumbar spine decisions — 2023

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims, including obtaining retrospective opinions from VA examiners for the periods prior to January 2016 and February 10, 2021.

The Veteran's PTSD is rated at 50 percent, effective October 29, 2012. He seeks a higher initial rating.,For the period prior to May 9, 2019, the Veteran's degenerative disc disease of the lumbar spine was rated at 20 percent. For the entire period on appeal, he seeks an evaluation in excess of 20 percent for this condition.,The Veteran's right lower extremity radiculopathy is rated at 20 percent and his left lower extremity radiculopathy is rated at 20 percent prior to May 9, 2019. For the entire period on appeal, he seeks an evaluation in excess of 20 percent for both conditions.,The Veteran's degenerative disc disease of the lumbar spine was rated at 10 percent prior to May 9, 2019 and 20 percent thereafter. He seeks increased ratings for this condition.

The Board has remanded the cases for additional development due to gaps in treatment records and incomplete medical opinions.

The Veteran's low back disability is granted a 20 percent rating from July 27, 2011 to December 18, 2013. The evidence shows that the Veteran's range of motion was within normal limits but with some limitation during flare-ups.

The Veteran was granted a TDIU prior to July 6, 2020 due to his service-connected disabilities. From July 6, 2020, the claim for a TDIU is denied as he was incarcerated for a felony conviction.

The Veteran's claim for higher ratings for lumbosacral intervertebral disc displacement is being remanded due to the need for additional VA examinations and the potential existence of outstanding VA treatment records.

The Veteran's claim for a higher rating for his back disability was denied as the evidence did not show forward flexion of the thoracolumbar spine at or below 30 degrees, which is required for a higher rating under VA regulations.

The Board denied the Veteran's claims for service connection for lumbar spine and acquired psychiatric disorder due to his failure to participate in scheduled VA examinations.

The Board denied service connection for lumbar radiculopathy of the left lower extremity as it did not find a current diagnosis and insufficient evidence to support a claim.

The Board has denied the Veteran's claim for service connection for GERD, finding that there is no evidence of an in-service event or disease that caused his current condition.,The Board has remanded the issues of service connection for a back condition and radiculopathy of both lower extremities. The Veteran will need to provide additional medical evidence regarding these claims.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's low back disability, and a new examination is required.

The Veteran's appeals for various disability ratings have been dismissed due to his withdrawal of the appeal.

The Board has granted the Veteran's request to restore his VA disability compensation benefits that were withheld due to incarceration, as his felony conviction was overturned on appeal.

The Board has granted service connection for low back disability, but remanded the claims for bilateral hearing loss and tinnitus due to insufficient rationale in the VA examination reports.

The Veteran's claim for an increased rating for hypogonadism with atrophy of the right testis and erectile dysfunction is denied as his condition does not meet the criteria for a higher rating.,Service connection for unspecified trauma-related stressor disorder is denied because there is no evidence that such a disability began during service or is otherwise related to an in-service injury, event, or disease.

The Veteran's claim for service connection for gastroesophageal reflux disease is granted. The claim for a compensable rating for right ear hearing loss is denied, and the claim for entitlement to a compensable rating for dermatitis is remanded.

The Board has remanded the claim of service connection for a low back disability, finding that additional development is necessary to determine its etiology and relationship to service-connected chronic prostatitis with recurrent urinary tract infections.

The Veteran's claim for a higher rating for lumbar spine DJD was denied as his disability did not meet the criteria for a rating in excess of 10 percent prior to February 4, 2020, and in excess of 20 percent thereafter.

The Veteran's appeal for increased ratings and TDIU has been withdrawn, resulting in the dismissal of both issues.

The Board has remanded the case due to an incomplete medical opinion and a failure to consider potentially favorable evidence of record, including the Veteran's lay statements regarding continuous symptoms post-service.