Back / lumbar spine decisions — 2023

The Veteran's service-connected disabilities do not render him unemployable, and the Board denies entitlement to a TDIU on both schedular and extraschedular grounds.

The Veteran's lumbar strain is currently rated at 40 percent, which does not meet the criteria for an evaluation in excess of this rating.

The Veteran's claim for service connection for a back disability was reopened, and the Board remanded the case to obtain VA examinations and opinions. The current examination and opinions are inadequate.

The Veteran's fibromyalgia is granted an initial rating of 40 percent, and a separate compensable rating of 30 percent for headaches. The lumbosacral spine disability remains at 20 percent, while the cervical spine disability is denied any increase beyond the current 10 percent.

The Board has determined that the VA examinations and opinions are inadequate for rating purposes, necessitating further examination to determine the etiology of the Veteran's conditions.

The Board has denied a higher rating for the Veteran's sacroiliac joint and lumbar spine degenerative disease prior to October 1, 2018. The case is remanded for further examination regarding his left shoulder impingement syndrome.

The Board has remanded the cases for further development due to deficiencies in the prior examinations and lack of retrospective findings. The Veteran's service-connected back disability is being evaluated again, including pain assessment and flare-ups.

The Veteran's claim for service connection for a stressor related disorder (claimed as a mental condition) secondary to his service-connected lumbar spine disorder is dismissed due to the grant of service connection for depressive disorder in a previous decision.

The Veteran's service-connected degenerative joint disease of lumbar spine with L5-S1 spondylosis is currently rated at 40 percent, effective from January 26, 2022. The appeal for increased ratings prior to this date and for other conditions remains pending.

The Veteran's hypertension, lumbar spine disability, and GERD are all granted on a secondary basis to his service-connected conditions. The hypertension is rated at 30 percent prior to January 29, 2021, and the GERD is rated at 60 percent from that date.

The Board has granted service connection for the Veteran's degenerative arthritis and degenerative disc disease of the lumbar spine with spinal fusion, finding that his pre-existing Scheuermann's disease was aggravated by service. The decision also remanded the issue of service connection for a right knee disability.

The Veteran's claim for a higher rating for chronic low back strain prior to January 19, 2010 was denied. However, the Board granted a 40 percent disability rating effective from January 19, 2010.

The Veteran's service connection claim for a neck condition and increased rating claim for degenerative disease of the thoracolumbar spine were both denied. The Board found no evidence to support that his current conditions are related to his military service or other service-connected disabilities.

The Veteran's back pain, claimed as lumbar strain and secondary to her service-connected osteoporosis from hysterectomy, is granted.

The Board has remanded the Veteran's claims for service connection for right knee, left knee, and back disabilities due to the Veteran's failure or refusal to report for scheduled VA examinations. The matter is being returned to the AOJ for further action.

The Veteran's appeal is remanded for additional VA examinations to assess the severity of his service-connected lumbar spine, right hip, and right knee disabilities. The claims will be readjudicated after these examinations.

The Veteran's appeal has been dismissed as she withdrew her request for an increased rating for a lumbar spine disability.

The Board has remanded the claims for hypertension, allergic rhinitis, neck disorder, left shoulder disorder, left elbow disorder, low back disorder, left hip disorder, left knee disorder, and left ankle disorder due to a lack of post-service treatment records. The Veteran is requested to submit or authorize VA to obtain any relevant medical records.

The Board denied service connection for the Veteran's low back disability, right and left lower extremity radiculopathy, and right and left knee disabilities due to a lack of evidence showing their onset during or within one year after service, as well as no causal relationship to service.

The Board has remanded the claims of service connection for a back disability and left knee disability due to insufficient reasons and bases in the prior VA medical opinions, specifically regarding the Veteran's lay statements about his in-service injuries.