Back / lumbar spine decisions — 2023

The Veteran's service-connected disabilities, including DDD of the lumbar spine, bilateral knee osteoarthritis, GERD, and bilateral lower extremities radiculopathy, have prevented him from securing or following substantially gainful employment since August 4, 2011. The Board has granted a TDIU for this period.

The Veteran's appeal for an initial disability rating in excess of twenty percent for a lower back condition, to include spinal canal stenosis with neural foraminal stenosis is dismissed due to the death of the appellant.

The Board has remanded the claims for service connection and increased rating of migraine headaches, bilateral hearing loss disability, back disability, right knee disability, and left knee disability. The Veteran's claim for an initial 30 percent rating prior to September 20, 2016, for migraine headaches is granted. The Board also remanded the claims for service connection and increased ratings of these conditions.

The Veteran's petitions to reopen claims for bilateral hip disability, acquired psychiatric disorder (claimed as PTSD), and back disability were denied. The Board found no new and material evidence supporting the Veteran's assertions of service connection.

The Board has remanded two issues related to service connection for degenerative disc disease and degenerative arthritis of the right knee due to outstanding VA treatment records from 2013.

The Board has remanded the Veteran's claims for service connection for low back disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity due to new evidence submitted within one year of the previous denial. The Veteran contends his current symptoms are related to a 1972 in-service injury during flag football.

The Board has remanded several issues for additional development, including service connection claims and evaluations of various disabilities. The effective date for the grant of service connection for right elbow epicondylitis (pronation) is denied.

The Board has found the evidence insufficient to adjudicate the Veteran's claims at this time and has remanded for further development, including VA examinations.

The Board has determined that the Veteran's claims for higher ratings for his service-connected back, neck, right ankle, left ankle, right foot, and left foot disabilities require additional examinations to comply with VA examination requirements. The cases are being remanded.

The Board has remanded the case due to incomplete information and need for additional examinations. The Veteran's back disability is being evaluated again, including a new VA examination and retrospective opinion.

The Board has remanded the cases for further development due to ambiguities in the VA examination reports and the need for additional information regarding the Veteran's cervical spine disability.

The Veteran's left upper extremity radiculopathy was granted a 30 percent disability rating from March 4, 2010 to June 30, 2019.,From July 1, 2019 to December 10, 2021, the Veteran's left upper extremity radiculopathy was denied a higher than 30 percent disability rating.

The Board has decided to remand the claims for seizure disorder and low back disability due to scheduling issues, requiring further medical opinions.

The Veteran's service-connected back condition and kidney malfunction prevented him from obtaining or maintaining substantially gainful employment beginning January 11, 2012. A TDIU rating (on an extraschedular basis) is granted for this period.

The Board denied the Veteran's claims for service connection for a cardiac disorder, idiopathic chronic neuropathy of the bilateral lower extremities, and lumbar spine disability due to lack of in-service incurrence or link to service. The Veteran was not exposed to herbicide agents during his service in Korea.

The Veteran's claims for increased ratings for right and left knee strain, as well as her claim for TDIU based on service-connected disabilities, were denied. The Board found that the Veteran did not meet the schedular requirements for a TDIU due to her combined disability rating of 40 percent.

The Board denied SMC based on the need for aid and attendance, finding that her functional impairments were not solely caused by service-connected disabilities.

The Board has determined that additional evidence is needed to fully and fairly consider the merits of the Veteran's claims, including those related to service connection for various conditions. The case is therefore being remanded.

The Board has remanded the Veteran's claims for depression, memory loss, lumbar spine disability, plantar fasciitis, and GERD due to insufficient evidence regarding their etiology. The VA must obtain any relevant medical records and conduct examinations to determine if these conditions are related to service.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to December 22, 2017. The Board denied the TDIU claims as there was no single service-connected disability (excluding multiple myeloma rated 100%) rendering the Veteran unable to secure or follow a substantially gainful occupation from December 22, 2017.