Back / lumbar spine decisions — 2023

The Veteran's claim for increased ratings and TDIU is being remanded due to the need for a new VA examination.

The Veteran's lumbar degenerative disc disease, left lower extremity sciatic radiculopathy, right lower extremity sciatic radiculopathy, and left lower extremity femoral radiculopathy have been granted initial ratings. The Veteran is now receiving the maximum available rating for his conditions.

The Veteran's tinnitus was granted service connection, but his bilateral hearing loss and right knee/lumbar/cervical spine disabilities were denied. The cases for the right knee, lumbar spine, and cervical spine are remanded.

The Board has granted service connection for thoracolumbar scoliosis with stenosis and degenerative joint disease, finding it was aggravated by active duty. Service connection is also remanded for a right-hand disability.

The Veteran's right thigh conditions have been remanded for further evaluation as the previous VA examinations were deemed inadequate.

Service connection for bilateral hearing loss is granted as it is presumed to have been incurred in service due to acoustic trauma.,Service connection for low back degenerative arthritis is granted as the condition began during active service and has been continuous since separation.

The Board has remanded the case due to inadequate opinions regarding the Veteran's upper back disorder, including thoracolumbar and cervical spine disorders. The case needs further development to determine the nature and etiology of his claimed condition.

The Veteran's left hip DJD status-post total hip replacement is granted a 50% disability rating, effective from November 1, 2012. Other claims are denied or remanded.

The Board has determined that the Veteran does not have any of the claimed disabilities, and thus service connection is denied for all issues on appeal.

The Veteran is granted a TDIU for the entire period under review, both on a schedular and extraschedular basis due to her service-connected disabilities.

The Board has granted the Veteran's claims for annual clothing allowances for his service-connected left knee and lumbar back braces, effective from 2014 forward.

The Veteran's lumbar spine disability was previously rated at 20 percent prior to October 6, 2020. Beginning October 6, 2020, the disability is now rated at 40 percent.,Radiculopathy in both lower extremities has been rated at 10 percent each since October 6, 2020.

The Veteran's claim for an earlier effective date for the grant of service connection for a back disability is denied as there was no valid claim filed prior to April 17, 2009.

The Board has remanded the Veteran's claims for cervical strain and lumbar strain with unfused apophysis at L-4 and degenerative joint disease due to incomplete VA medical treatment records and the need for updated VA examinations.

The Veteran's claims for service connection for lumbar spine and bilateral foot disabilities secondary to his service-connected rheumatoid arthritis have been dismissed due to the death of the Veteran.

The Board has remanded the Veteran's claim of service connection for a lumbar spine disability due to failure to consider medical articles submitted by the Veteran in October 2017. The case is now pending with instructions to obtain a VA medical opinion that addresses these articles and assesses whether the Veteran's low back disability is related to service.

The Veteran's appeal for a TDIU rating prior to December 7, 2011 is remanded due to the Board finding that he does not meet schedular criteria and refers the matter to the Director, Compensation Service, for extraschedular consideration.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete paralysis of various nerves associated with his service-connected lumbar spine disability. The issues include left lower extremity radiculopathy, right lower extremity radiculopathy, and a total disability rating based on individual unemployability.

The Veteran's claims for service connection for chronic fatigue syndrome, a back disability, and headaches have been denied. The Board found no evidence of a current diagnosis of chronic fatigue syndrome or any other qualifying chronic disability under the provisions for Persian Gulf War veterans. The claim for a back disability is remanded due to insufficient evidence linking the condition to active duty. The claim for headaches remains pending as well.

The Veteran's right ear hearing loss is granted. The back, left knee, and tinnitus service connection claims are remanded for additional development.