Back / lumbar spine decisions — 2023

The Board has determined that the VA did not substantially comply with its previous remand directives and thus, another remand is necessary to obtain an adequate opinion regarding the nature and etiology of the Veteran's claimed back condition and acquired psychiatric conditions.

The Veteran's back disability is rated at a 40 percent rating since March 4, 2020.

The Veteran's service-connected depressive disorder is rated at 50 percent prior to May 20, 2020 and at 70 percent thereafter. The Board finds the evidence does not support a higher rating for this condition.,For the period from May 20, 2020 onward, the Veteran's service-connected depressive disorder is rated at 70 percent. The Board finds the evidence does not support a higher rating for this condition.

The Veteran's claims for increased ratings for cervical and lumbar spine disorders have been denied as the evidence does not show that his conditions meet or approximate the criteria for a rating more than 30 percent for the cervical spine disorder, or a rating more than 20 percent for the lumbar spine disorder.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the nature and etiology of his left-hand disability and low back injury. The claims are not granted as there is no clear evidence that the disabilities are related to service.

The Board has remanded the Veteran's claims for service connection for degenerative disc disease of the lumbar spine and cervical spine due to inadequate medical opinions regarding secondary service connection.

The Veteran's claim for an earlier effective date for service connection of a low back disability was denied as the earliest date of separation from active duty is considered the effective date. The Veteran's claim for increased evaluation of his low back disability prior to June 3, 2021, and since that date, were also denied due to lack of evidence showing an increase in severity.

The Veteran's service-connected lumbar spine disability is found to be etiologically related to his left leg radiculopathy, and the claim for this connection is granted. The rating for his lumbar spine disability remains remanded due to lack of recent examination.

The Board has granted service connection for a lumbar spine disability with lower extremity radiculopathy and tinnitus, finding that the conditions are related to in-service injuries and exposure to hazardous noise, respectively.

The Board has remanded the case for additional development due to inadequate VA examinations and incomplete opinions regarding service connection for various disabilities, including a low back disability, right upper extremity neuropathy, left ankle disability, and right ankle disability.

The Board denied service connection for a lumbosacral spine disability, finding that the Veteran's condition did not manifest during active duty and was not related to any in-service injury or disease.

The Board has remanded the Veteran's claims for service connection for tinnitus, bilateral hearing loss, a back disorder, and an acquired psychiatric disorder due to outstanding SSA records and additional VA examinations.

The Board has determined that the reduction in the rating of the Veteran's thoracolumbar spine strain with spondylosis and a compression fracture at T12 from 20 percent to 10 percent effective September 1, 2015 was improper. The restoration is granted. However, the issue of entitlement to a rating in excess of 20 percent for residuals of a thoracolumbar spine strain with spondylosis and a compression fracture at T12 remains pending.

The Board has remanded the Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 due to unresolved issues regarding his shoulder, hip, back, and neck disabilities.

The Board has determined that the Veteran's cervical spine disability and bilateral upper extremity radiculopathy are not related to service, and therefore, denied both claims.

The Veteran's cervical spine disability is being remanded due to inadequate examination opinions. The examiner must provide a detailed rationale for all opinions, including citations to the relevant medical literature and service treatment records.,The neurological disabilities of the upper extremities are also being remanded as they are inextricably intertwined with the cervical spine disability.

The Board has remanded the Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and associated radiculopathies due to new evidence received after the last Supplemental Statement of the Case.

The Veteran's low back disability is granted as secondary to his service-connected left knee condition.,Service connection for ED is denied. The Board found no evidence of a direct relationship between the condition and active duty service.

The Veteran's lumbar strain with degenerative arthritis is rated at 10 percent, and the right ring finger conditions are not rated higher.

The Veteran's claim for a higher rating for his low back disability is denied as the evidence does not show unfavorable ankylosis or functional equivalent of ankylosis.