Back / lumbar spine Board decisions

The Board has partially granted the Veteran's increased rating claim, finding a higher, 20 percent disability rating for the thoracolumbar spine disability. However, due to issues with functional limitations and retrospective opinion compliance, the case is being remanded for further evaluation.

The Veteran's GERD and cervical spine degenerative arthritis were found to not meet the criteria for higher ratings prior to August 19, 2022. The thoracolumbar strain was also found not to meet the criteria for a higher rating as of that date.,Further examination is needed to determine if there are any additional symptoms or functional limitations that warrant higher ratings.

The Board denied the Veteran's claim for service connection for a low back disability, including degenerative arthritis, finding no evidence of chronic in-service disease or injury that led to current disability. The Board also found no credible continuity of symptomatology since service and concluded that any current degenerative arthritis is not related to service.

The Board has determined that additional development is needed for the issues of increased evaluations for lumbosacral strain and cervical strain, as well as entitlement to a TDIU. The Veteran will be scheduled for VA examinations to evaluate his current level of severity for these disabilities.

The Veteran's claims of increased ratings for lumbar strain, left lower extremity condition, and right lower extremity condition are remanded due to the need for a new VA examination. The examiner is asked to assess the current severity of his service-connected lumbar spine condition and determine if he has separate, current disabilities of the right and/or left lower extremities that are secondary to his service-connected lumbar spine condition.

The Veteran's depressive disorder is rated at 70 percent, and his lumbar spine strain at 10 percent. His combined disability rating is 70 percent.,The Board has determined that the Veteran's service-connected disabilities do not meet the criteria for a TDIU on a schedular basis.

The Board has remanded the claims for an initial compensable rating for a right knee disability, service connection for hypertension, and service connection for a right ankle disability, lumbar spine disability, bilateral foot disability (pes planus), and cervical spine disability due to inadequate examinations.

The Veteran's back disability is rated at 40 percent effective as of June 15, 2021. He previously had a 20 percent rating prior to that date.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical opinions and records.,The Board will address the issues of entitlement to a disability rating in excess of 20 percent for back disability, radiculopathy of the left lower extremity, radiculopathy of the right lower extremity, neck disability, left upper extremity radiculopathy, and right upper extremity radiculopathy.

The Board has granted service connection for degenerative joint disease of the lumbar spine, but dismissed the claims for right and left hip disorders as the Veteran withdrew his appeal regarding these issues.

The Veteran withdrew his appeals on all issues related to service connection for various conditions, including migraine headaches, lumbar spine disorder, right knee strain disorder, hemorrhoids, and traumatic brain injury.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims, including SSA records and private treatment records. The Veteran will be provided with a Statement of the Case regarding his earlier effective date claim for DEA benefits.

The Veteran's claims for increased ratings for degenerative disc disease and strain, thoracolumbar spine status post discectomy (rated at 40 percent) and left lower extremity radiculopathy (rated at 20 percent) have been denied as the evidence does not meet the criteria for a higher rating under applicable VA regulations.

The Board has granted a TDIU for the period prior to October 5, 2021. The case is remanded for further action regarding entitlement to a TDIU from October 5, 2021.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine with IVDS and radiculopathy of the right lower extremity was granted, restoring the 20% rating from April 27, 2022. The claims for increased ratings were denied.,Total disability based on individual unemployability due to service-connected disabilities (TDIU) was granted effective February 18, 2022.

The Board has decided to remand the case due to inadequate medical opinions and needs further development.

The claims of service connection for a back disorder, migraine headaches, right hip disorder, left hip disorder, and right knee disorder are granted.

The Veteran's appeal is being remanded to verify his service in the Ohio Air National Guard and determine if any periods of deployment were federal service. The claims for service connection will be reconsidered after this verification.

The Board has determined that the Veteran's lumbar spine disability is related to his active service and granted service connection for this condition.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran did not meet the criteria for a compensable rating for left ear hearing loss prior to October 20, 2022 and for bilateral hearing loss thereafter. For knee disabilities, the Veteran was granted a noncompensable rating for left knee instability after October 25, 2022 and a rating in excess of 10 percent for right knee instability. The low back disability claim was also remanded.