Back / lumbar spine decisions — 2023

The Board has granted service connection for a lumbar spine disability and remanded the issues of an evaluation in excess of 10 percent for right knee disability, TDIU, and determining additional functional loss due to flare-ups.

The Veteran's claims for increased ratings for lumbar degenerative joint disease, left medial meniscal tear, and left ankle ligamentous sprain are being remanded due to the need for additional development including VA examinations and opinions.

The Board has remanded the case due to a lack of an effective date for the TDIU prior to September 19, 2017. The Veteran's service-connected disabilities are expected to render him unemployable.

The Board has remanded the cases for further development and consideration, including obtaining a medical opinion regarding the Veteran's claimed back condition. The issues of service connection for an acquired psychiatric condition are inextricably intertwined with the issue of service connection for a low back condition.

The Veteran's service connection claim for recurrent lumbosacral strain is granted. The claims for right hip disability, left hip disability, esophageal disability (GERD), substance abuse disability, and Type II diabetes mellitus are remanded.

The Board has remanded the Veteran's claims for increased ratings and service connection due to incomplete information or development needed.

The Veteran's low back disability is rated at 40 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine. The decision grants an increased rating but only to a maximum of 40 percent.

The Board denied the Veteran's claim for service connection of a back disability, finding that there is insufficient evidence to establish a current disability or functional impairment affecting earning capacity.

The Veteran's lumbar spine disability is rated at 20 percent since April 25, 2017. The Board has remanded the case for further development and rating considerations.

The Veteran's appeals for higher ratings and TDIU have been dismissed as he has withdrawn his appeal.

The Board has determined that the VA examination and opinion provided are inadequate, as they did not adequately address the Veteran's lay assertions regarding his in-service injury. The case is therefore being remanded for further development.

The Board denied service connection for a back disability, Hepatitis B and/or Hepatitis C, high blood pressure, right foot disability, and left foot disability. The evidence did not support the Veteran's claims of in-service injury or disease related to these conditions.,There is no persuasive medical evidence linking any current disabilities to service.

The Veteran's claims for service connection for a back condition and sleep problems have been reopened, but the Board has remanded these issues due to new evidence. The earlier effective date claim for PTSD service connection is denied.

The Veteran's service-connected disabilities, including PTSD with concussion, irritable bowel syndrome, left shoulder strain, lumbar spondylosis, tinnitus, hemorrhoids, and right knee strain, have prevented him from securing and maintaining substantially gainful employment since November 26, 2008. The Board has granted TDIU effective as of that date.

The Veteran was granted a total disability rating due to individual unemployability (TDIU) from May 1, 2011. The decision is based on the Veteran's service-connected disabilities and their impact on his ability to secure and follow substantially gainful employment.

The Board has remanded the claims for service connection due to insufficient evidence and need for additional development. The Veteran's hearing loss claim is denied as there is no current diagnosis of bilateral hearing loss. Other claims are also remanded.

The Board has remanded the case due to inadequate examination and development of evidence related to the Veteran's employability given his service-connected disabilities. The claim will be reconsidered after additional development.

The Veteran's claims for increased ratings of PTSD and lumbar spine strain, as well as her claim for service connection for hypertension, are being remanded due to the need for additional development. Her TDIU claim is also being remanded in conjunction with these other claims.

The Veteran's claim for a separate rating for objective neurologic abnormality of bladder impairment associated with his back disability is denied because the evidence does not support a finding that he has such an issue.

The Veteran's thoracolumbar degenerative arthritis with degenerative of lumbar intervertebral disc and arthropathy of lumbar facet joint was rated at 20 percent, but the Board denied an increased rating as his symptoms did not warrant a higher evaluation.