Back / lumbar spine decisions — 2023

The Veteran's lumbosacral strain with IVDS is currently rated as 20 percent disabling from June 2, 2021. The Board has found that a higher rating is not warranted for this period based on the evidence of record.

The Board has remanded the claims for sleep apnea, muscle pain disability, and gastrointestinal disability due to presumed exposure at a burn pit during service. The Veteran's symptoms are related to his active duty service.

The Veteran withdrew her appeals for increased ratings and service connection, citing satisfaction with the current decisions.

The Board has remanded the claims for service connection and rating increases due to incomplete records from the Peru Community Based Outpatient Clinic (CBOC) and additional evidence submitted by the Veteran. The issues of reopening a right shoulder disability claim, service connection for cervical spine and right elbow disabilities, and TDIU are also on appeal.

The Veteran's claims for increased ratings for lumbar strain have been denied as the medical evidence does not show that his symptoms meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The Board has remanded the claims for service connection due to inextricably intertwined issues and the need for additional medical opinions considering the Veteran's combat experiences.

The Veteran's claims for increased ratings for his low back disability and bilateral lower extremity radiculopathy were denied as the evidence did not support a higher rating under the applicable VA rating criteria.

The Board denied the Veteran's claim for an effective date prior to January 12, 2006 for the award of a TDIU due to service-connected disabilities. The Veteran had established service connection for lumbar spine and bladder conditions, but his hypertension and heart issues also impacted his ability to work. The Board found that it was not factually ascertainable that his service-connected disabilities prevented him from securing or following substantially gainful employment within the year prior to his January 12, 2006 claim.

Service connection for radiculopathy of the bilateral lower extremities is granted. The issue of a rating greater than 40 percent for a low back disability and TDIU are remanded.

The Board denied a rating in excess of 20 percent for the Veteran's thoracolumbar spine disability, finding that the evidence did not meet the criteria for higher ratings based on limitation of motion or ankylosis.

The Board has remanded the Veteran's claims for a disability rating and TDIU due to issues with scheduling an examination.

The Veteran's claims for increased ratings and a TDIU are being remanded due to the need for further evaluation of his lumbar spine disability and psychiatric condition.

The Veteran's appeals for left and right knee conditions have been dismissed due to withdrawal. The claims of bilateral hearing loss, acquired psychiatric disorder (PTSD, Depression, Anxiety), and lower back condition are remanded.

The Board has determined that additional development is needed to support the Veteran's claims for service connection. This includes obtaining medical records and personnel records from her Army Reserves service, as well as updated VA treatment records.

The reduction in disability rating for status post compression fracture, lumbar spine was proper due to clear and unmistakable error (CUE) in the December 2013 rating decision.,The restoration of a 10 percent rating for right lower extremity radiculopathy is granted.

The Veteran's appeal for vision loss, left knee condition, left ankle condition, and total disability rating based on individual unemployability has been dismissed. The appeals for right knee condition, right foot condition, left foot condition, and low back condition (secondary to right knee, right foot, and left foot conditions) have been remanded.

The Board has remanded the Veteran's claims for increased ratings and earlier effective dates for his lumbar spine disability, bilateral lower extremity radiculopathy disabilities, and total disability due to individual unemployability.

The Veteran's claims for a higher rating for lumbar spine degenerative disc disease and TDIU are being remanded due to the need for further medical examination and records.

The reduction of the rating for low back disability from 40% to 20% was improper, and the 40% rating is restored. The case regarding entitlement to TDIU prior to November 17, 2016, is remanded.

The Veteran's appeal is being remanded due to the need for additional examinations and evaluations related to his lumbar spine disability and right lower extremity radiculopathy.