Back / lumbar spine decisions — 2023

The Veteran's claim for an increased initial evaluation for degenerative disc disease of the lumbar spine is remanded due to outstanding VA and private treatment records, a need for another VA examination, and potential additional range of motion loss.

The Board has remanded the claims for service connection for a lumbar spine disability and liver cancer due to herbicide exposure. The Veteran's representative requested that VA complete the required evaluations based on the medical evidence of record, but the AOJ did not provide new opinions. Another remand is needed.

The Veteran's DDD and IVDS of the lumbar spine are rated at 40 percent, effective December 27, 2021. The rating is denied as his symptoms do not meet or approximate the criteria for a higher rating.

The Board has reopened the claims of service connection for low back, left knee, and right knee disabilities due to new evidence. However, it was denied as there is no current disability found.

The Veteran's PTSD is currently rated at 70 percent since April 3, 2018. The Board finds a need for additional medical evidence to determine if the disability warranted a higher rating prior to that date.,The Veteran's lumbar spine DJD and DDD warrant an increased rating beyond the current 40 percent assigned. A remand is required to assess the severity of his condition, including whether functional equivalent of ankylosis exists due to painful flare-ups.,A compensable initial rating for scars associated with back surgery and left shoulder surgery is needed as the Veteran reported painful flare-ups but no estimated loss of motion was provided by the VA examiner.,The Veteran's scar on his midline lumbar spine requires a remand to assess its severity, including whether it meets criteria for a compensable initial rating.

The Board has remanded the claims of service connection for back disability and vertigo due to errors in previous decisions, lack of proper medical opinions, and need for further examinations.

The Board has remanded several service connection and rating issues due to the Veteran not responding to a request for waiver of AOJ consideration of new evidence.

The Veteran's acquired psychiatric disorder, to include anxiety and depression, is granted as service connected. Service connection for lower urinary tract syndrome secondary to prostatitis, urethral blockage secondary to prostatitis, chronic bilateral ankle strain, and sciatic nerve, right lower extremity secondary to lumbar spine are all withdrawn.

The Veteran's claims for bilateral knee disability, lung disability, and stomach disability have been denied as there is no evidence of a current disability.,Tinea pedis and pilonidal cyst were not diagnosed or treated during the appeal period.

The Board has denied service connection for a back condition and an acquired psychiatric disability, finding that the evidence does not support a link to service. The case is remanded for further development regarding hepatitis C infection.,Service connection for hepatitis C infection is remanded as there is new evidence suggesting it may be related to use of jet injectors during active duty.

The Board denied service connection for sleep apnea, tingling in hands, and low back condition. The Veteran's sleep apnea is not related to his active duty service or a pre-existing low back disability.,There is no evidence of tingling in the hands during service or within one year after separation. Service connection on a presumptive basis for early-onset peripheral neuropathy was also denied.

The Veteran's lumbosacral strain is granted a 40 percent rating, effective from the date of claim. Service connection for other specific trauma-related disorder and bilateral lower extremity radiculopathy are also granted.

The Veteran's claims for increased ratings and service connection are being remanded due to inadequate medical examinations. The VA is required to provide a new examination to assess the severity of his lumbar spine disability and associated radiculopathy, including whether it constitutes ankylosis.

The Veteran's claims for service connection have been remanded due to the need for additional VA examinations. The issues include psoriasis, a disability of the toes, a disability of the left hand and fingers, a disability of the right hand and fingers, a back condition, and loss of hair.

The Veteran's service-connected disabilities have met the percentage requirements for a TDIU since June 19, 2017 and prevent him from performing gainful employment.

The Veteran's claim for a higher rating for his service-connected back condition is being remanded due to the need for further development.,The Board has previously denied higher ratings for the Veteran's service-connected right lower extremity radiculopathy and a rating in excess of 40 percent for his service-connected back condition.

The reduction of the rating for lumbosacral spine degenerative disc disease from 40 percent to 10 percent, effective December 1, 2018, was improper and the 40 percent rating is restored. The Veteran's claim for a rating in excess of 40 percent for lumbosacral spine degenerative disc disease is granted.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of service connection for a lumbar spine disorder. The case is now remanded for further development, including scheduling a VA examination.

The Veteran's appeal is remanded for further development regarding increased ratings for left and right knee conditions, as well as TDIU.

The Veteran's claim for reimbursement of non-VA medical care provided at Lawnwood Hospital Trauma Center in October 2010 is granted, as he was totally disabled due to service-connected disabilities and the VA facility was not feasibly available.