Back / lumbar spine decisions — 2024

The Board has remanded the case for further development, including obtaining a retrospective opinion addressing the severity of the Veteran's low back disorder throughout the appeal period. The TDIU claim is also being remanded due to its inextricability with the other claims.

The Veteran's claim for a higher rating for his left knee meniscal tear was denied as the flexion limitation did not meet the criteria for a higher rating. The TDIU claim was also denied due to the Veteran's service-connected conditions not preventing him from obtaining and following substantially gainful employment.

The Veteran's right-elbow condition is rated as noncompensable due to limited extension.,The Veteran's lumbar spine condition does not warrant a rating in excess of 20 percent.,The Veteran's PTSD is currently rated at 50 percent, and no higher.

The Board has determined that the Veteran's back disorder, diagnosed as lumbosacral strain, is proximately due to his service-connected left knee disability and grants entitlement to service connection for this condition.

The Veteran's right rotator cuff tear is now rated at 30 percent, and his lumbosacral spondylosis with lumbar strain is now rated at 40 percent.

The Board has remanded the Veteran's claims for a bilateral foot disorder and lower back disorder due to insufficient medical opinions regarding their etiology. The case is now before the Board again.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they are less than total when considering his combined schedular rating and the fact that he is unable to secure or follow a substantially gainful occupation.

The Veteran's petition to reopen her claim for service connection for headaches, which were secondary to service-connected major depression disorder (MDD), was denied. Her claim for a rating in excess of 40 percent for degenerative disc disease of the lumbar spine is remanded due to insufficient evidence. The left shoulder disorder claim remains pending.

The Board has denied a higher rating for the Veteran's right ankle strain and arthritis of the right ankle. The claims for service connection for a right knee disability and lumbar spine disability, both secondary to the right ankle disability, are remanded for further development.

The Board denied the Veteran's claims for higher ratings, finding that a rating higher than 20 percent was not warranted prior to October 11, 2021 and that a rating higher than 40 percent has been unwarranted since then.

The Board has reopened the Veteran's claims for service connection for various disabilities, including a gynecological disability (claimed as dysfunctional uterus syndrome), calcified granuloma, asthma, an acquired psychiatric disorder (claimed as PTSD), and lumbosacral and left ankle disabilities. These claims are being remanded to obtain additional medical opinions regarding the etiology of these conditions in light of potential toxic exposure from service.

The Veteran's DDD of the lumbosacral spine is now rated at 40 percent effective December 22, 2010.

The Veteran's appeal is remanded for additional examinations and opinions regarding his back pain, bilateral knee conditions, and bilateral hip conditions. The case will be returned to the Board after these actions are completed.

The Veteran's service-connected disabilities, including migraines, PTSD, TBI residuals, uterine leiomyoma with hysterectomy, cervical strain, thoracolumbar strain, and tinnitus, prevented her from securing and following a substantially gainful occupation prior to October 29, 2014.

The Board has decided to remand the Veteran's claims for a new VA examination and medical opinion regarding his service-connected lumbar spine disability, as well as for bilateral lower extremity radiculopathy and bilateral hip disabilities. The issues of TDIU prior to May 20, 2023 are also being remanded due to the need for additional development.

The Veteran's lumbosacral strain and right knee disabilities are currently rated at 10 percent, but the Board has granted a TDIU. The claims for higher ratings remain pending.

The Board has remanded the claims for service connection due to inadequate development of evidence, particularly regarding the Veteran's bilateral plantar fasciitis and Achilles tendonitis. The issues are now pending for further development.

The Board has remanded the Veteran's claims for further development due to incomplete STRs and other missing records. The Veteran is entitled to service connection for tinnitus, but his claim remains pending on all other issues.

The Veteran's back disability is rated at 40 percent, effective from February 26, 2014, but prior to August 10, 2022. The rating for the left lower extremity radiculopathy was granted at 40 percent as of December 30, 2021. TDIU benefits were granted effective from February 26, 2014.

The Veteran's claim for an initial compensable disability rating for scar of the lower back, residual of laminectomy is denied.,The Veteran's claims for increased ratings for right eye retinal detachment with diplopia, bilateral iritis and status post bilateral cataract extraction are remanded. The Veteran must provide VA with any private treatment records not already in the file.,The Veteran's claim for an initial disability rating in excess of 10 percent for lumbar spine with degenerative disc disease, degenerative arthritis, status post laminectomy, ankylosing spondylitis, and bilateral sacroiliac arthritis is remanded. The Veteran must provide VA with any private treatment records not already in the file.