Back / lumbar spine decisions — 2023

The Veteran's thoracolumbar strain and cervical strain status post fusion C5-C6 have been rated at various levels, but the current ratings do not reflect the severity of his symptoms. The Board finds that further medical development is needed to determine the appropriate rating.,The Veteran contends that his disabilities are more severe than currently reflected in the ratings.

The Board found that the withholding of VA compensation benefits for 14 training days in FY 2015 was proper because the Veteran received concurrent pay and thus, the withholding did not violate her rights.

The Veteran's claims for service connection for various musculoskeletal and psychiatric disabilities were denied as there was no evidence of a nexus between the claimed conditions and his military service.

The Board has decided to remand the veteran's claims for service connection due to the lack of available service treatment records and the need for VA examinations.

The Board has granted service connection for left shoulder strain, DDD of the lumbar spine, right knee strain, and a left knee condition. The conditions are found to have started during service.

The Board has remanded the case due to a lack of accurate measurement of the Veteran's lumbar spine disability, specifically regarding his forward flexion range of motion. The Veteran and his representative requested a new examination to ensure proper evaluation.

The Veteran's sleep apnea was granted service connection, but his back disability was denied. The Board found the evidence persuasive in favor of granting service connection for sleep apnea and denied service connection for a back disability. Other issues were remanded.

The Veteran's appeal is remanded due to the need for additional medical records and a new VA examination. The issue of TDIU is also remanded as it is intertwined with the increased rating claim.

The Veteran's claim for a higher rating for his back disability is being remanded due to the need for further medical evaluation and opinion regarding functional ankylosis.

The Board has granted service connection for left wrist arthritis, left hand arthritis, and a lumbar spine disability. The conditions are deemed to have started during active service.

The Board has remanded the Veteran's claims for service connection for lumbar spine, cervical spine, right shoulder, and left shoulder disabilities due to outstanding records and inadequate examination.

The Veteran's lumbar spine condition was previously rated at 10 percent, but is now rated at 40 percent effective May 10, 2023.,Both knees are currently evaluated as 10 percent.

The Veteran's service-connected disabilities, including back disability, left knee disability, right knee disability, and tinnitus, prevented him from securing or following a substantially gainful occupation. The Board found that the criteria for a TDIU were met beginning April 2, 2017.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of an in-service injury or disease causing the condition and concluding that his current back disability is not related to his service-connected knee disabilities.

The Veteran's claim for service connection for residuals of a head injury other than migraine headaches was denied as there is no current disability related to such injuries. The Veteran's thoracolumbar DDD was remanded due to the need for further development and evaluation.

The Board has determined that the Veteran's claimed right hip, back, upper extremity neuropathy, and left shoulder disorders are not related to service. The conditions were first noted years after service and there is no medical evidence linking these conditions to service.

The Veteran's lumbar spine disability, diagnosed as degenerative arthritis, has not met the criteria for a higher rating since June 30, 2013. The VA examiner found that the Veteran’s symptoms have not resulted in forward thoracolumbar flexion limited to 30 degrees or less or ankylosis of the thoracolumbar spine.

The Board has remanded the Veteran's claims for respiratory disorders, low back disorder, and left knee disorder due to inadequate compliance with previous remand directives. The claims are being returned for further development.

The Veteran's low back strain with spurring, right leg disability (pain in legs and numbness in toes), right groin disability (incisional hernia due to iliofemoral bypass), and left wrist tendonitis are all remanded for further development.,Specifically, the Board finds that relevant service treatment records were not obtained prior to the May 2009 rating decision, which denied the original claims. The Veteran's right groin disability claim also requires a VA examination.

The Board has granted service connection for a left shoulder disability, low back disability, and right lower extremity radiculopathy as secondary to the low back disability. The decision is based on the Veteran's in-service injuries and continuous symptoms since service.