Back / lumbar spine decisions — 2024

The Veteran's lumbosacral strain and degenerative disc disease of the thoracolumbar spine was not manifested by or more nearly approximated forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees or a combined range of motion of the thoracolumbar spine not greater than 120 degrees, and thus does not meet the criteria for an initial disability evaluation in excess of 10 percent prior to April 13, 2016.

The Veteran's claims for service connection have been reopened and granted.,Resolving reasonable doubt in the Veteran's favor, several conditions were found to be incurred in service.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's back condition and his service. The Veteran will need a new VA examination to determine if his current back condition is related to an in-service injury or strain.

The Veteran's claim for an earlier effective date for the award of service connection for left lower extremity lumbar radiculopathy was denied.,The Veteran's claim for an initial rating in excess of 10 percent for service-connected left lower extremity lumbar spine radiculopathy is remanded.

The Board has granted service connection for diabetes mellitus, type II, hypertension, a back disability, and bilateral knee disabilities as secondary to the Veteran's service-connected psychiatric disability. The effective dates and ratings will be assigned by the RO.

The Veteran's TDIU and SMC at the housebound rate claims are granted effective from February 28, 2018. The Board also found that a separate thoracolumbar spine disorder is not service-connected.

The Veteran's claims for increased rating and service connection for his right knee and low back conditions are being remanded due to the inadequacy of the previous VA examinations.

The Veteran's low back disability is rated at 10 percent, and his right lower extremity and left lower extremity radiculopathy are each rated at 10 percent. The Board denied higher ratings for these conditions throughout the period on appeal.

The Board has reopened the Veteran's claim for service connection due to new evidence showing continuity of symptoms since service. The Board then granted service connection based on this continuity.

The Veteran's service-connected disabilities have caused functional impairment that prevents him from obtaining or following substantially gainful employment throughout the appeal period, and TDIU is granted on an extraschedular basis.

The Board has decided to remand the Veteran's claim for service connection of a lumbar disorder due to additional delay and confusion surrounding in-service back related complaints. Another remand is necessary to ensure substantial compliance with the May 2023 remand.

The Veteran's claims for increased ratings and effective dates are being remanded due to the addition of new evidence since the April 2020 SOC. The Veteran does not have a representative at this time.

The Veteran's low back disability is currently rated at 20 percent, but the Board has found that it does not meet the criteria for a higher rating. The issues of service connection for left great toe condition, left knee condition, and right foot condition have been remanded due to insufficient evidence.

The Board has remanded the Veteran's claims for an increased rating for a low back disability and TDIU due to new evidence being added to his case file.

The Veteran's lumbar spine degenerative arthritis was rated at 10 percent prior to August 7, 2008 and at 20 percent thereafter. The Board found no evidence of entitlement to a higher rating.,For the left lower extremity sciatic radulopathy, the Veteran was denied ratings in excess of 10 percent prior to April 16, 2019 and in excess of 20 percent from that date onwards. For right lower extremity sciatic radulopathy, he was denied ratings in excess of 20 percent prior to April 16, 2019 and in excess of 20 percent thereafter.,For the right lower extremity femoral radulopathy, the Veteran was denied an initial rating in excess of 20 percent from May 6, 2019. For left lower extremity femoral radulopathy, he was also denied such a rating from that date onwards.

The Board has remanded the Veteran's claims of service connection for degenerative arthritis of the cervical and lumbar spine, as well as his claim for an acquired psychiatric disorder. The reasons are that new VA examinations are needed to determine the nature and etiology of these conditions.

The Board has remanded the case due to inadequate addendum opinions regarding the etiology of the Veteran's neck, upper back, and right shoulder disabilities. The VA needs to provide new opinions addressing whether these conditions are related to service.

The Board has determined that new and material evidence was presented to reopen the claim of service connection for a low back disability. The Veteran's current low back disability is found to be related to his in-service injury from a rope bridge fall, resulting in service connection being granted.

The Veteran's TDIU claim is granted for the period since February 15, 2015. The effective date of this grant is set at February 15, 2015.

The Board has remanded the claims for increased ratings for degenerative arthritis of the thoracolumbar spine and cervical spine, as there is insufficient evidence to determine if higher ratings are warranted.