Back / lumbar spine decisions — 2023

The Board has determined that the VA examinations conducted in March 2018 are insufficient for adjudicating the service connection claims. The Veteran's current disabilities are associated with his active duty, and further examination is needed to determine if any of these conditions clearly and unmistakably pre-existed his service or were aggravated by a service-connected disability.

The Veteran's lumbar spine disability is granted as service connected.,The Veteran's hearing loss claim is denied.,The Veteran's tinnitus claim is granted.

The Veteran's claims for bilateral hearing loss, right and left ankle disorders, right and left knee disorders, low back disorder, and acquired psychiatric disorder (other than PTSD) have all been denied. The Board found no evidence of current disabilities meeting VA's regulatory definition of a hearing loss disability or any other qualifying chronic disability under 38 C.F.R. § 3.317.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's lumbar spine condition is related to his service-connected left knee disability. A VA examination is needed to determine if there is a link between the Veteran's back pain and his knee impairment.

The Veteran's chronic lumbosacral strain was granted a 40 percent disability rating, effective February 16, 2015.,Prior to October 19, 2021, the Veteran's right lower extremity radiculopathy was granted a 20 percent disability rating. From October 19, 2021, his bilateral lower extremity radiculopathies were denied increased ratings.

The Board denied service connection for a back disability, as the evidence did not show any chronic in-service injury or disease related to the Veteran's current condition. The Board also denied temporary total ratings and TDIU based on his back disability.

The Veteran's appeal for an increased rating of his lumbar disc disease with degenerative changes at L4-L5 is remanded, and the cervical spine issue remains on appeal.

The Veteran's claims for increased ratings of her back disability, bilateral pes planus, and depressive disorder are being remanded due to the failure to report for necessary VA examinations without good cause. The issues regarding the rating of depressive disorder prior to October 2, 2015; from October 2, 2015, to August 3, 2020; and after August 3, 2020 are being remanded.

The Board has reopened the claim of service connection for a lumbar spine disability and granted it, finding that there is at least an approximate balance of evidence to support the Veteran's contention that his current condition is related to events in service.

The Board has denied the Veteran's claim for service connection for degenerative disc disease of the lumbar spine, finding that there is no evidence linking his current condition to service. The Board noted that the Veteran did not have a chronic back condition during service and that post-service records do not show any treatment or diagnosis related to this condition until 2006.

The Board has remanded the Veteran's claims for increased ratings for thoracolumbar strain with intervertebral disc syndrome, sciatic radiculopathy of the left and right lower extremities due to inadequate medical opinions in previous examinations.

The Veteran was unable to secure and maintain substantially gainful employment due to his service-connected disabilities from July 17, 2013, to October 7, 2014. The Board granted a TDIU on an extraschedular basis for this period.

The Board has remanded the cases for further development due to inconsistencies in the medical records and need for additional opinions regarding the Veteran's lumbar spine condition.

The Board has remanded the Veteran's claims for cervical spine, lumbar spine, and bilateral kidney disabilities due to in-service injuries. Additional medical records are needed to determine the nature and etiology of these conditions.

The Board has decided that service connection for a left thumb disorder is denied, and the claim for service connection for a lumbar spine disorder is remanded.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's right knee condition is proximately due to or aggravated by his service-connected lumbar degenerative disc disease.

The Board has denied the Veteran's claims for initial evaluations in excess of 20 percent for radiculopathy, left and right lower extremities, as well as lumbar DDD. The issues have been remanded for further development.

The Board has determined that the Veteran's back disability is related to his military service and granted service connection for it.

The Veteran's service-connected right foot disabilities are rated at 10 percent, and he is denied a higher rating. Prior to May 11, 2017, the Veteran was not found unemployable due to his service-connected conditions. From May 11, 2017, the Veteran is granted TDIU.

The Veteran's TDIU claim is being remanded due to the need for an updated opinion on the combined functional impact of his service-connected disabilities prior to October 2, 2019. Additionally, updated SSA records are needed.