Back / lumbar spine Board decisions

The Board has decided to remand the claims for service connection and TDIU due to a back disability, as they were not fully addressed in the previous remand. The Veteran's back disability is being evaluated again with new medical opinions regarding its relationship to his service-connected chronic fatigue syndrome.

The Veteran's initial compensable ratings for status post right inguinal hernia repair and surgical scar, status post right inguinal hernia repair have been denied.,The Veteran's eczema issue is remanded due to new evidence submitted after the February 2020 VA examination.

The Veteran's service connection claim for a bilateral hearing loss disability was denied, and his TDIU claim was also denied. The Board found that the Veteran did not have a current diagnosis of a bilateral hearing loss disability for VA compensation purposes and that he could secure and follow substantially gainful employment despite his service-connected disabilities.

The Board has granted service connection for a low back disorder, bilateral lower extremity radiculopathy, and neck disorder. The claim of service connection for bilateral upper extremity radiculopathy is also granted as secondary to the neck disorder.

The Veteran's lumbar spine disability is rated at 40 percent, but no higher. The issue of an increased rating for degenerative arthritis of the lumbar spine was denied.,The Veteran's sciatic radiculopathy of the left lower extremity and right lower extremity are each rated at 40 percent, but no higher.

The Board denied service connection for various conditions, including residuals of traumatic brain injury, left shoulder osteoarthritis, bilateral ankle condition, nephrolithiasis (due to herbicide exposure), bilateral knee osteoarthritis, lumbar spine degenerative joint disease, BLE sciatica, hypertension, and diverticulosis. The Veteran did not have these conditions at the time of service or within one year after discharge.

The Board denied service connection for a low back disability, finding that the Veteran's current condition was not incurred during his period of active duty.

The Veteran's initial rating for his thoracolumbar spine disability is denied. The Board has also remanded cases regarding need for aid and attendance of another, and loss of use of a creative organ.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA treatment records.

The Veteran's appeal for an increased disability rating of 20 percent for his lumbosacral strain has been dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Board has granted a 40% disability rating for the Veteran's service-connected lower back disability, effective July 12, 2021. The appeal of higher ratings before this date is dismissed.

The Board has determined that the Veteran's lumbar spine disability, including a lumbar strain, degenerative disc disease (DDD), and lumbar scoliosis is at least as likely as not associated with his service-connected plantar fasciitis. As such, the claim for secondary service connection is granted.

The Board has remanded the claims for service connection due to insufficient opinions regarding the appellant's claimed conditions and exposure. The issues of diabetes mellitus, back disability, peripheral neuropathy, erectile dysfunction, and eye disability are all related and require further examination.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims, including obtaining retrospective opinions from VA examiners for the periods prior to January 2016 and February 10, 2021.

The Veteran's PTSD is rated at 50 percent, effective October 29, 2012. He seeks a higher initial rating.,For the period prior to May 9, 2019, the Veteran's degenerative disc disease of the lumbar spine was rated at 20 percent. For the entire period on appeal, he seeks an evaluation in excess of 20 percent for this condition.,The Veteran's right lower extremity radiculopathy is rated at 20 percent and his left lower extremity radiculopathy is rated at 20 percent prior to May 9, 2019. For the entire period on appeal, he seeks an evaluation in excess of 20 percent for both conditions.,The Veteran's degenerative disc disease of the lumbar spine was rated at 10 percent prior to May 9, 2019 and 20 percent thereafter. He seeks increased ratings for this condition.

The Board has remanded the cases for additional development due to gaps in treatment records and incomplete medical opinions.

The Veteran's low back disability is granted a 20 percent rating from July 27, 2011 to December 18, 2013. The evidence shows that the Veteran's range of motion was within normal limits but with some limitation during flare-ups.

The Veteran was granted a TDIU prior to July 6, 2020 due to his service-connected disabilities. From July 6, 2020, the claim for a TDIU is denied as he was incarcerated for a felony conviction.

The Veteran's claim for higher ratings for lumbosacral intervertebral disc displacement is being remanded due to the need for additional VA examinations and the potential existence of outstanding VA treatment records.

The Veteran's claim for a higher rating for his back disability was denied as the evidence did not show forward flexion of the thoracolumbar spine at or below 30 degrees, which is required for a higher rating under VA regulations.