Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for lumbar spine degenerative arthritis, bilateral lower extremity sciatic nerve radiculopathy, and bilateral lower extremity femoral nerve radiculopathy due to outstanding treatment records and conflicting evidence regarding the presence of radiculopathy and intervertebral disc syndrome throughout the period on appeal.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's current back disability is related to service or caused by his service-connected lumbar strain. The VA must obtain additional treatment records and provide an opinion on these issues.

The Veteran's back disability is granted as service connected, with a finding of continuity of symptomatology since separation from service.,Secondary service connection for radiculopathy of the bilateral lower extremities (sciatic nerve) is also granted.

The Board has reopened the Veteran's claims for service connection for lower back and neck disabilities, but has remanded these issues due to a lack of medical evidence on the etiology of his claimed conditions.

The Board has dismissed all claims for service connection due to the appellant's withdrawal of his appeal.

The Veteran's lumbar spine injury with intervertebral disc syndrome is rated at 20 percent prior to December 16, 2021 and 40 percent thereafter. The claim for an increased rating is denied.

The Veteran's lumbar spine disability is currently rated at 40 percent, but the Board finds that a higher rating is not warranted as his range of motion does not meet the criteria for an increased rating.

The Board has determined that additional evidence is needed to fully and correctly decide the Veteran's claims for service connection, including a new examination for his left lateral collateral ligament sprain. The issues of service connection have also been remanded.

The Board has remanded the Veteran's claims for service connection for lumbar spine, right foot, left foot, left knee, and right knee disabilities due to inadequate VA examinations. The case is returned to the Board for further action.

The Veteran's service-connected thoracolumbar spine disability was denied an increased rating from November 12, 2014 to January 14, 2019. The claim for a higher rating is also denied from January 14, 2019 to March 25, 2019 and May 1, 2019 to May 23, 2019. From October 1, 2019 onwards, the Veteran remains in receipt of a 40% disability rating.

The Veteran's service-connected lumbosacral strain with degenerative spurring L1 and L2, along with associated bilateral lower extremity radiculopathy, is remanded for further evaluation. The TDIU claim is also remanded as it is inextricably intertwined with the back disability issue.

The Board has remanded the cases for further development due to inconsistencies in the examination reports and need for clarification regarding pain points during range of motion testing.

The Veteran's low back condition and various knee conditions have been granted service connection. The left knee rating has been restored to 20%, separate ratings for ankylosis and instability have been granted, and a higher rating for the meniscal condition prior to December 18, 2019 has been granted. However, a higher rating for the left knee status post ACL repair from December 18, 2019 is denied.

The Board has remanded the Veteran's claims for lumbar spine, respiratory, and throat disabilities due to inadequate medical opinions regarding the nature and etiology of these conditions. The VA must provide an addendum opinion on all issues related to service connection.

The Veteran's service-connected disabilities, including lumbar spine disability, right ankle disability, and lower extremity neuropathy, have prevented him from securing or maintaining substantially gainful employment. The Board has remanded the case for consideration of TDIU on an extraschedular basis.

The Board has dismissed all service connection claims for various disabilities as the Veteran died during the appeal process.

The Board dismissed the appeal for service connection of a skin condition. The Veteran's claim for TDIU on an extraschedular basis was granted from July 29, 2013 to April 23, 2019.

The Board denied service connection for osteoarthritis of the left wrist and a back disability (lumbar spine and thoracic spondylosis) due to lack of evidence linking these conditions to service or service-connected disabilities.

The Veteran's PTSD and DDD have been rated at 70% since December 4, 2015. She has also received a TDIU effective from that date, as well as basic eligibility for DEA benefits.

The Board has decided to remand the case due to inadequate reasons or bases for its decision regarding a higher rating for the Veteran's thoracolumbar spine disability prior to January 15, 2020. The VA examiner is requested to provide an opinion on the severity of the disability during flare-ups and with repeated use.