Back / lumbar spine decisions — 2023

The Veteran's claim for a TDIU due to service-connected disabilities on an extra-schedular basis prior to July 7, 2020 is being remanded as the RO did not satisfy its duty to assist and there are outstanding development actions needed. The Board will consider whether the Veteran meets the criteria for a TDIU based on his combined low back and psychiatric disabilities.

The Board has remanded the issues of service connection for a neck disorder and traumatic brain injury (TBI) and residuals thereof, as well as the claim for special monthly compensation based on the need for regular aid and attendance and/or due to housebound status.

The Board has remanded the issues of entitlement to a TDIU from November 1, 2009 and entitlement to special monthly compensation under 38 U.S.C. § 1114(s)(1) from November 1, 2009 due to insufficient evidence on whether the Veteran is unemployable by reason of his service-connected disabilities.

The Board has remanded the Veteran's claims for an initial rating in excess of 40 percent for service-connected chronic lumbosacral strain with degenerative disc disease and entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disability. The remand is needed because the VA examinations conducted during the appeal period were inadequate, and an additional examination is required.

The Veteran's back disability is granted service connection and a 10 percent rating is assigned from June 30, 2015 to September 18, 2018.,A 20 percent rating for the left leg disability is granted beginning September 19, 2018.

The Board has remanded the claims for bilateral foot, right knee, and lumbar spine disabilities due to insufficient opinions on service connection. The left knee disability is also remanded as it is related to a pending claim of bilateral foot disability.

The Veteran's right knee instability is granted a 10% rating effective January 31, 2006. The increased rating claim for the right knee disability and compensable extension limitation are denied.

The Board has determined that the Veteran's low back disorder is related to his active military service, granting service connection for this condition.

The Veteran's PTSD is rated at 70 percent, but not higher. The evidence does not show total occupational impairment.,Bilateral hearing loss is rated at zero percent (noncompensable).,Prior to September 9, 2020, lumbosacral strain with IVDS warrants a rating of 10 percent. From September 9, 2020, the Veteran's condition warrants a rating of 40 percent.,Left lower extremity radiculopathy was rated at 10 percent prior to September 9, 2020 and 20 percent from that date.

The Veteran's claims for increased ratings for his left ear hearing loss, low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy were denied. The VA examiners found that the Veteran did not meet the criteria for higher ratings based on the severity of his symptoms and range of motion.

The Board has granted service connection for a back condition and a deviated septum, finding that the conditions began during active service and are related to in-service injuries.

The Board has remanded the claim for service connection of a lumbar spine disability, as the Veteran's representative contends that continuity of symptomology is present and challenges the rating decision's ruling. The request for private treatment records from Dr. S.G. or other practitioners is made to clarify the continuity of symptoms prior to 1989.

The Board has remanded the Veteran's claims for service connection and increased ratings due to incomplete records from CJW Medical Center and Johnston-Willis Hospital. The claims are also remanded for issuance of an SOC regarding the effective date for a 10% rating for right foot hallux valgus.

The Board has denied the Veteran's claim for service connection of a lumbar spine disability, finding that there is no evidence connecting his current condition to his active duty service or any service-connected disabilities.

The Board has remanded the cases for further development due to inadequate examinations in previous evaluations.

The Board has decided to remand the claim of service connection for a low back condition due to insufficient consideration of the Veteran's lay statements in previous medical opinions.

The Veteran's claim for an initial rating in excess of 20 percent for lumbosacral strain with intervertebral disc syndrome is being remanded due to the need for a thorough VA examination and additional medical records.

The Board has dismissed all claims related to the Veteran's service connection requests, as well as his request for a compensable evaluation for tinea versicolor. The appeals are dismissed due to the Veteran's death.

The Board denied the Veteran's claim for service connection for scoliosis of the thoracolumbar spine, finding that there was no clear and unmistakable evidence showing preexistence of the condition prior to service. The Board also concluded that the current scoliosis did not manifest during active service.

The Board has remanded the Veteran's claims for service connection and rating of her spinal disorders, including chronic thoracolumbar pain, segmental and somatic dysfunction of the lumbar and thoracic region, ankylosing spondylitis of cervical spine, neuralgia of all three radicular groups, and stress fracture right inferior pubic ramus (right hip disability).