Back / lumbar spine Board decisions

The Veteran's low back disorder and radiculopathy were granted increased ratings, with the low back disorder receiving a 20 percent rating from August 24, 2012, to July 13, 2023, and a 40 percent rating since July 14, 2023. The Veteran's right lower extremity radiculopathy received a 20 percent rating since January 22, 2014, and the left lower extremity radiculopathy received a 20 percent rating since January 22, 2014.

The Board denied service connection for psychiatric, lower back, CAD, hypertension, right leg, and left leg conditions due to lack of evidence of a current disability or a link between the claimed conditions and service.

The Board denied the Veteran's claim of service connection for a low back disability, concluding that his current condition did not begin during active service and was not related to an in-service injury or disease.

The Veteran's claim for service connection for low back pain is reopened, and he is granted service connection. The right ankle disability rating is denied, and the PTSD rating remains at 30%. The case is remanded for further review.

The Veteran's claim for a rating in excess of 40 percent for lumbosacral strain with degenerative disc disease was denied. The appeal is not about service connection at all, as the disability is decided on its merits.

The Board has determined that the Veteran's degenerative disc disease is at least as likely as not aggravated by service, and thus grants service connection for this condition.

The Veteran is granted a TDIU and SMC based on housebound status from August 19, 2019 due to his service-connected anxiety with depression associated with degenerative disc disease.

The Veteran's claims for service connection and increased ratings have been remanded by the Board. The effective date of service connection for bilateral foot disabilities is set at May 1, 2017. The rating for bilateral pes planus has been granted from May 1, 2017 to December 10, 2021 and since then remains denied. A separate rating evaluation of 10 percent for bilateral plantar fasciitis is granted effective February 7, 2021. The Veteran's claims for service connection for acquired psychiatric disability, arthritis of the left knee, arthritis of the right knee, low back condition, and TDIU are also remanded.

The Board has remanded the appeal due to insufficient efforts in obtaining medical records, particularly those from overseas during the Veteran's service and post-service care. The RO is instructed to make formal findings regarding these efforts.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and clarification of his conditions.

The Board has dismissed the appeals for rating higher than 10 percent for cervical spine prior to August 18, 2021; a higher rating than 20 percent for thoracolumbar spine (low back disability); and a higher rating than 30 percent from June 4, 2018.

The Veteran's claim for a higher rating for hypertension was denied. The claim for increased ratings for lumbar strain with DDD and IVDS prior to May 18, 2019, and from March 23, 2021, is granted at 40 percent. Service connection for an acquired psychiatric condition (to include depression and major affective disorder) was reopened and granted.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board has determined that a higher rating is not warranted due to lack of evidence showing forward flexion limited to 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or IVDS with incapacitating episodes.

The Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment, meeting the criteria for a TDIU on an extraschedular basis.

The Board found that the Veteran was not unemployable due to her service-connected disabilities prior to October 24, 2011. The evidence showed she had been employed in various positions and could perform sedentary employment despite her disabilities.

The Board has remanded the Veteran's service connection claims for a lower back condition, right knee condition, left knee condition, head laceration (also claimed as head trauma), and headaches due to inadequate VA examinations and missing medical records.

The Board has remanded the claims due to incomplete information regarding the Veteran's periods of active service, ACDUTRA, and INACDUTRA. The RO is instructed to gather this information and include it in the claims file.

The Veteran's appeals for increased ratings and effective dates have been dismissed due to his withdrawal of the appeal.

The Board has remanded the claims for syncope, diabetes mellitus Type II (DM II), left upper extremity neuropathy, right upper extremity neuropathy, and a lumbar disability due to inadequate development of evidence. The appellant's service records show episodes of syncope during service and post-service, as well as DM II identified in 1988. The claims are now returned for further examination and opinion.

The Board has remanded the claims for service connection for a low back condition, rib fracture residuals, and erectile dysfunction due to inadequate medical opinions in previous remands. Additional development is required.