Back / lumbar spine decisions — 2023

The Veteran's right lower extremity radiculopathy is currently rated at 10 percent, but the Board finds that a higher rating is not warranted.,The Veteran's left lower extremity radiculopathy is currently rated at 20 percent and this rating is granted. The Board also found that a higher rating is not warranted for his right lower extremity radiculopathy.,The Veteran's degenerative lumbar spine disease with spinal stenosis is remanded to determine if the Veteran has experienced functional equivalent of ankylosis, which would affect his TDIU claim.

The Veteran's service-connected back condition has rendered him unable to secure or maintain gainful employment, and the Board grants a TDIU based on this condition.

The Veteran's back condition is granted service connection.,A compensable initial rating for dermatitis (claimed as skin condition of head and neck) is denied. However, a 60 percent disability rating for dermatitis from October 30, 2018, is granted.

The Veteran's service-connected disabilities, including PTSD and lumbar spine conditions, have rendered him permanently housebound since April 7, 2018. The Board has granted an effective date of April 7, 2018 for SMC based on his housebound status.

The Board has decided to remand the claims for service connection for back disorder, bilateral foot disorder, left knee disorder, right knee disorder, headache disorder, and traumatic brain injury due to new evidence received after previous decisions.

The Board has granted service connection for left knee degenerative joint disease, right ankle sprain, right wrist sprain, left lower extremity varicose veins, lumbar spine condition, gastroesophageal reflux disease (GERD), and tension headaches.

A non-initial disability rating of 50 percent for migraine headaches is granted, effective February 7, 2017.,From February 7, 2017 to January 22, 2020, a non-initial disability rating of 40 percent for lumbosacral strain and arthritis is granted. From January 23, 2020 forward, the Veteran's claim for an increased rating for lumbosacral strain is denied.

The Board has decided to remand the case due to inadequate opinion regarding the Veteran's back condition, and additional development is needed.

The Board denied service connection for back, right knee, and left knee disabilities, finding that the evidence did not support a link between these conditions and service.

The Board has remanded the Veteran's claims for service connection for various disabilities, including chronic sinusitis, rhinitis, CFS, sleep apnea, stroke residuals, lumbar spine disability, rib fractures with left hemithorax pain, arm and hand muscle/joint pain, tremors of hands, weakness and coordination issues of legs, and a left knee disability. The claims are remanded due to the need for additional evidence and medical opinions regarding exposure to burn pits during service.

The Veteran's diabetes mellitus, type II is granted as a result of presumed exposure to herbicide agents during service. The low back disorder, PTSD, enlarged prostate condition, and bladder condition are remanded for further development.

The Board has determined that additional evidence is needed to fully and fairly consider the merits of the Veteran's claims for right elbow, lumbar spine, sinusitis, vertigo, and asthma disabilities. The claims are being remanded to allow for further development.,VA will obtain all updated VA treatment records and ensure that any Community Care program records are associated with the file.

The Board has remanded the claims for service connection for right shoulder, back, and left shoulder disabilities due to insufficient medical opinions. The Veteran's lay statements regarding symptom onset will be considered.

The Veteran's initial and staged ratings for his back disability are denied. The appeal is remanded due to issues related to service connection.

The Veteran's claims for increased ratings and effective dates have been denied as the evidence does not show an increase in severity within a year prior to his July 31, 2018 claim.,There is no legal basis to assign earlier effective dates for the Veteran's tinnitus or left lower extremity radiculopathy claims.

The Veteran's claims for increased ratings and TDIU/SMC based on her lumbar and cervical strain disabilities are being remanded due to the need for additional development, including obtaining medical records and conducting VA examinations.

The Veteran's back, left and right hip, and left and right knee conditions are granted service connection. The Veteran's acquired psychiatric disorder is remanded for further examination.

The Board has remanded the claims for increased ratings for lumbar spasm, left and right lower extremity sciatic radiculopathy, and right great toe hallux valgus due to additional development being required. The Veteran's conditions are considered more severe than current ratings suggest now.

The Board has determined that the claims for service connection for bronchitis, neck disorder, and back disorder need further development due to missing records and clarification of periods of active duty.

The Veteran's bilateral hearing loss is granted as service-connected, effective from the date of receipt of his claim on January 11, 2018.,Service connection for tinnitus was denied due to lack of prior communication indicating intent to file a claim before January 11, 2018.