Back / lumbar spine decisions — 2023

The Board has determined that the Veteran's thoracolumbar spine disability, claimed as a vertebral fracture at T11 and T12, is due to his service-connected epilepsy. As such, the claim for service connection is granted.

The Veteran's claim for a higher rating for his service-connected low back disability was denied. The current rating of 40 percent is maintained, effective December 10, 2021.

The Veteran's DDD of the lumbar spine, RLE and LLE radiculopathy have been evaluated based on their current manifestations. The RO granted higher evaluations for some conditions but denied others.

The Veteran's lumbar spine degenerative disc disease is rated at 10 percent before August 1, 2017 and increased to 20 percent thereafter. The Veteran's left shoulder arthritis remains at a 20 percent rating.,Both conditions are currently rated based on their direct service connection without any additional factors like exposure or presumptions.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's back disability is related to exposure to herbicide agents during service.

The Board has granted service connection for a lumbar spine disorder and denied an initial compensable evaluation for bilateral hearing loss. Service connection is granted based on evidence showing the Veteran's current lumbar spine disorder began during active duty, while his bilateral hearing loss does not meet the criteria for a compensable rating.

The Board has determined that the Veteran's low back disorder began during his second period of active duty and granted service connection for this condition.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions regarding the etiology of his bilateral hearing loss, tinnitus, and low back disability.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's low back disability. The VA needs to obtain new opinions from a specialist in orthopedic medicine and provide an addendum opinion on the etiology of the Veteran's current low back disability.

The Veteran's service-connected disabilities, including his knee and back conditions, have rendered him unable to secure or follow substantially gainful employment prior to September 4, 2012. The Board has remanded for further development regarding the issues of higher ratings for his bilateral knee disabilities and lower extremity radiculopathies.

The Veteran is granted a TDIU from July 31, 2014 to July 24, 2016 and November 15, 2017 to March 30, 2018 due to her service-connected disabilities preventing her from securing and following a substantially gainful occupation.

The Veteran's peripheral neuropathy of the left lower extremity is granted as secondary to his service-connected lumbosacral strain. The extension of a temporary total rating for lumbar spine surgery convalescence past August 1, 2012, is denied. Service connection for erectile dysfunction and obstructive sleep apnea are remanded due to lack of medical opinions. Service connection for unspecified arthritis (distinct from service-connected lumbar spine disability) is also remanded. The Veteran's residuals of a nasal fracture, adjustment disorder with depressed mood, lumbar strain, and lumbar spine scar are all remanded.

The Board has remanded the case due to incomplete records and inadequate opinions regarding service connection for lumbar spine degenerative disc disease. The claim will be returned for further development.

The Veteran's appeal is remanded for further development on issues including service connection for hip disabilities, TDIU, and SMC.,No effective date earlier than December 13, 2016, was granted for the grant of a 40 percent rating for degenerative disc disease of lumbar spine.

The Board has granted service connection for a heart condition and a thoracolumbar spine disorder, finding that these conditions are related to the Veteran's active duty service. The appeal is denied for sleeping disorder and blood clots as there is no current disability found.

The Board denied the Veteran's claims for higher initial ratings for residuals of TBI, thoracolumbar strain with levoscoliosis, sinusitis/rhinitis disability prior to June 6, 2016, and since June 6, 2016. The claim for a higher initial rating for hypertension was also denied. Additionally, the Veteran's claim for TDIU prior to May 23, 2017 was denied.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's back condition and its relation to service.

The Board denied service connection for a back disability and a neck disability, finding that the evidence did not establish a current disability or link to service.,Service treatment records from the appellant's Marine Corps service were negative for complaints or abnormalities pertaining to the back or neck. The VA medical records do not show any chronic conditions related to these disabilities.

The Veteran's claim for service connection for a lumbar spine disorder is granted. The Board also remanded the issue of rating higher than 10 percent for COPD.

The Veteran's claims of service connection for a low back condition and a respiratory condition are being remanded due to incomplete development. The Board requested additional medical opinions regarding the etiology of these conditions, particularly in light of potential exposure to radio frequency radiation during service.