Back / lumbar spine decisions — 2023

The Board has remanded the claims of erectile dysfunction, rheumatoid arthritis (claimed as joint pain), back disability, and neck disability with radiculopathy for further examination and determination.

The Board has remanded the case for referral to VA's Director of Compensation Service for extraschedular consideration due to the Veteran's service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Veteran's claim for service connection for a left knee disability and low back disability is remanded due to incomplete verification of service, need for additional medical opinions, and potential toxic exposure.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions addressing whether his current disabilities are related to his service-connected conditions or if they were aggravated by them. The claims will be returned for further development.

The Board has remanded the Veteran's claims for increased disability evaluations and TDIU due to incomplete information regarding his employment history, SSA benefits, and worker's compensation.

The Veteran's claim for service connection for PTSD with depression has been granted.,The Veteran's claims for service connection for sleep apnea syndrome, low back disability, and bilateral pes planus have also been reopened.

The Veteran's initial rating for low back disability was denied, and his claims for left ear hearing loss and right ear hearing loss were remanded. The VA also found that the Veteran's scar from lumbar surgery did not meet criteria for a compensable rating.

The Veteran's service-connected disabilities, including bilateral foot disability, plantar fasciitis, right hip strain, left hip strain, right knee disability, left knee disability, degenerative disc disease of the thoracolumbar spine, and cervical spine DDD, have rendered him unable to secure or follow a substantially gainful occupation since July 20, 2011. The Board has granted TDIU effective from that date.

The Veteran's lumbar spine DDD is currently rated at 40 percent, and his right knee instability is rated separately at 10 percent. The Board has granted a separate rating for the right knee instability.

The Board has decided to remand the cases for further development and consideration of all submitted evidence, including VA treatment records. The AOJ should also consider whether the Veteran is entitled to TDIU based on his service-connected disabilities.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that the evidence did not support a link between his current condition and his military service.

The Board has remanded the case due to insufficient information regarding the etiology of the Veteran's lumbar spine disability, specifically whether it is a congenital defect or disease and if there was any superimposed injury during service.

The Board has decided to remand the Veteran's claims for cervical, thoracolumbar, and bilateral knee conditions due to insufficient evidence regarding his service connection.

The Veteran's neck disability is rated at 20 percent since August 17, 2017. The previous staged rating period of 10 percent from August 17, 2017 to March 21, 2018 is eliminated.

The Veteran's appeals for earlier effective dates for service connection have been denied as the earliest possible effective date is October 1, 2016, the day after his separation from active service.,The Veteran's appeals for increased ratings on multiple disabilities have been remanded due to new evidence received since the last decision.

The Veteran's bilateral radiculopathy of the lower extremities is granted as secondary to his service-connected lumbar spine disability. The increased rating for degenerative joint disease of the lumbar spine remains denied.

The Veteran's service-connected degenerative disc disease of the lumbar spine was rated at 10% from December 7, 2006, to October 25, 2012. The Board granted a rating of 40% for this period.,The Veteran is also granted entitlement to a TDIU due to service-connected disabilities.

The Veteran's claims for increased ratings for his lumbar spine and right knee disabilities have been remanded due to the need for clarification of the severity of his conditions throughout the appeal period.,The Veteran's right knee instability has also been remanded, as there is a need for clarification regarding the impact of medication on his range of motion.

The Board has remanded the claims for additional development due to unresolved issues related to service connection, including exposure to environmental hazards during the Gulf War. The Veteran's mental health conditions and musculoskeletal disabilities are also under consideration.

The Board has remanded the case due to deficiencies in the VA examinations and the need for additional opinions regarding the Veteran's lumbar spine disability, bilateral knee disabilities, and radiculopathy. The issues of separate ratings for the lumbar spine disability, left and right knee instability, and radiculopathy are being addressed.