Back / lumbar spine decisions — 2023

The Board has granted the Veteran's claims for service connection for degenerative arthritis of the lumbar spine and bilateral lower extremity radiculopathy, both secondary to his now service-connected back disability. The decision is based on a finding that there is at least an equipoise of evidence regarding whether these conditions are related to service.

The Veteran's claim for a rating in excess of 40 percent for her low back disability was denied. Her current rating remains at 40 percent.

The Board has remanded the case for additional development to address issues related to the Veteran's lumbar spine disability and bilateral lower extremity radiculopathy, including obtaining retrospective medical opinions regarding their severity.

The Board has remanded the Veteran's claims for service connection for lumbar spine, bilateral knee, and bilateral ankle disabilities due to inadequate compliance with prior remand orders.

The Veteran's lumbar spine disability is now rated at 40 percent, effective from the date of the decision.

The Veteran's claim for service connection for bilateral hearing loss has been denied as he does not have a disability for VA purposes.,A rating of 20 percent for the low back disability, effective June 5, 2012, is granted. The issue of a higher rating in excess of 20 percent remains pending and will be remanded.

The Board has denied service connection for a back disorder, finding that the preexisting condition did not worsen during service and was instead due to natural progression.

The Veteran's claim for an increased rating for her lumbar spine disability was denied, and the claim for TDIU prior to November 22, 2013, was also denied. The VA examiner found that the Veteran had limited flexion of the thoracolumbar spine but no additional loss of ROM due to pain or fatigue.

The Board has decided to remand the Veteran's claim of service connection for a lumbar spine disability, as there were not substantial compliance with prior remand directives. The case will be returned to VA for further development including obtaining relevant service treatment records and obtaining an adequate medical opinion.

The Board has remanded the cases for further development due to inadequate medical opinions and incomplete record. The Veteran's claims of service connection for psychiatric, lumbar spine, and left knee conditions are pending.

The Board has denied service connection for various conditions, including malaria and its residuals, chloracne, cataracts, knee disabilities, jaw glands, polyps, cervical spine disability, peripheral neuropathy of the right upper extremity, diverticulitis, diabetes mellitus type II, fibromyalgia, lumbar spine disability, and left lower extremity neuropathy. The Board found no evidence to support these claims.

The Veteran's low back disability is granted a 40% rating from December 13, 2021 to September 28, 2022. A higher rating for the entire appeal period is denied. The right knee disability and limitation of flexion are also denied.

The Board has determined that the complete service records have not been obtained and a remand is necessary to obtain them. Additionally, a VA examination with an opinion is needed to determine the nature, etiology, and severity of the Veteran's claimed lumbar spine, right foot, thoracic spine, and shoulder disabilities.

The Board has remanded the Veteran's claims for service connection and temporary disability rating due to incomplete medical opinions regarding the causes of his low back, right foot accessory bone, and hypertrophic bone medial navicular disabilities. The claims are being returned for further development.

The Board has granted service connection for lumbar spine degenerative disc disease, facet disease, and radiculopathy. The case is remanded for further examination of the left shoulder disability.

The Veteran's post-operative fracture, right great toe with degenerative changes is granted a 10% disability evaluation. The Veteran's degenerative changes of the thoracolumbar spine are granted a 20% disability evaluation.

The Veteran's right hip disability is granted as secondary to his service-connected bilateral knee and back disabilities. The earlier effective date for TDIU is set at July 17, 2014.

The Board denied the Veteran's claim for a TDIU prior to July 14, 2012, finding that he did not meet the schedular criteria and there was insufficient evidence to substantiate a reasonable possibility of unemployability due to service-connected disabilities.

The Board has determined that the reduction of the disability evaluation from 40 to 20 percent for lumbar strain with IVDS was improper and has granted restoration of a 40 percent rating. The Veteran's claims for increased ratings for his lumbar strain with IVDS and right wrist sprain are remanded.

The Veteran's appeals for increased disability ratings have been dismissed as the appellant requested withdrawal of all claims.