Back / lumbar spine decisions — 2023

The Board has remanded the claims for a back disability and an acquired psychiatric disorder, to include depression, as secondary to service-connected bilateral ankle disabilities due to insufficient medical opinions regarding causation and aggravation.

The Board has granted a 20 percent disability rating for the Veteran's service-connected back disability, effective October 4, 2022.

The Veteran's service-connected disabilities, including carpal tunnel syndrome of the left upper extremity, degenerative disc disease of the lumbar spine, testicular mass, allergic rhinitis, and TMJ disorder with teeth grinding, are being remanded for further evaluation due to recent complaints from the Veteran.

The Veteran's lumbar strain and associated left lower extremity radiculopathy have been granted initial ratings of 20 percent effective April 2, 2001, for the lumbar strain, and a separate rating has been granted for the radiculopathy. The Board found that the Veteran's disability more closely approximated moderate limitation of motion.

The Veteran's claims for service connection have been granted, with the Board finding that her back disability and psychiatric disorders are related to her military service.

The Veteran's service-connected disabilities have resulted in significant functional impairments that prevent him from securing and following any substantially gainful employment consistent with his education and occupational experience.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to June 24, 2016.

The Veteran's service-connected lumbosacral strain and associated radiculopathies have not prevented him from securing or following a substantially gainful occupation.

The Veteran's left knee disability has been granted a 60 percent rating from June 1, 2018 to November 5, 2020. The right knee disability has also been granted a 60 percent rating since December 1, 2016.,Issues related to the Veteran's left ankle sprain and increased ratings for his right and left knee disabilities have been remanded.

The Board has remanded the Veteran's claims of service connection for a lumbar spine disability and right knee disability due to conflicting medical opinions. The case is returned for further development, including obtaining additional VA treatment records and scheduling addendum medical opinions.

The Board has remanded the case due to an inadequate September 2021 VA medical opinion, which did not address whether the Veteran's service-connected left big toe fracture residuals caused any 'incremental increase' in his non-service-connected lower back disorder. The matter is now remanded for a new examination and opinion.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's low back disorder. The claim will be returned for further development and consideration.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is granted, effective from November 19, 2008. The decision finds that the Veteran was unable to secure and follow substantially gainful employment due to his service-connected back and left shoulder conditions.

The Board has remanded the Veteran's claims for service connection for psychiatric, low back, and neuropathic disabilities due to missing records from his active duty service. The Veteran attributes these conditions to in-service incidents.

The Board has determined that there has not been substantial compliance with the March 2022 remand directives and the claims are being returned for further development.

The Board granted a 10 percent rating for lumbar radiculopathy of the right sciatic nerve prior to October 5, 2020. Separate ratings were not granted for other nerves due to pyramiding and separate function of nerves.

The Veteran's spine disability and associated neurological manifestations are denied increased ratings, with the exception of a remanded matter for further examination.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation at any point during the appeal period, leading to denial of TDIU on an extraschedular basis.

The Board has remanded the Veteran's claims for service connection for various conditions, including sinusitis, headaches, plantar fasciitis, low back disability, hemorrhoids, and erectile dysfunction. The issues include determining whether these conditions are related to military service or if they have been aggravated by other conditions.,The Board also remanded the Veteran's claim for a rating in excess of 10 percent for his left knee disability and cervical spine disability.