Back / lumbar spine Board decisions

Service connection for Major Depressive Disorder is granted.,A rating in excess of 20 percent for service-connected residuals of right knee medial meniscal tear (right knee disability), based on limitation of flexion, is denied.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's current low back disorder clearly and unmistakably preexisted his military service. The VA examiner is requested to provide an opinion on this matter.

The Veteran's claims for higher evaluations for his lumbar spine and left shoulder disabilities have been denied. The Board found that the evidence did not support a rating in excess of 40 percent for the lumbar spine disability prior to July 11, 2014, from July 11, 2014 to June 18, 2017, and from October 1, 2017. For the left shoulder disability, there were no incapacitating episodes requiring bed rest prescribed by a physician in the past 12 months.

The Veteran's appeals for service connection for allergies, sleep apnea, and a total disability rating based on individual unemployability (TDIU) have been dismissed due to the Veteran's withdrawal of these claims. The appeal regarding a disability rating in excess of 40 percent for lumbar strain with degenerative arthritis and intervertebral disc syndrome has also been dismissed.

The Veteran's appeal is remanded for additional examinations and opinions to address the severity of his service-connected disabilities, as well as their relationship to service. The issues include bilateral hearing loss, OSA, degenerative arthritis of the knees, lumbosacral spine, and cervical spine.

The Board has remanded the cases for further development and an addendum medical opinion to determine if the Veteran's service-connected lumbar spine disability warrants a higher rating.

The Veteran's lumbar spine disability was granted a 40 percent rating from January 1, 2012 to October 8, 2015.,A higher than 40 percent rating is denied for the period after June 24, 2021.

The Veteran's claim for service connection of a back disability was denied because the evidence submitted since the August 1953 rating decision is not new or material to his claim.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective May 5, 2021. The Board found that the evidence did not support a higher rating prior to this date.

The Board has remanded the case for further development due to an inadequate VA examination in December 2019, which did not address functional loss during flare-ups or after repetitive use.

The Board has remanded the cases for obtaining additional VA treatment records and Social Security Administration (SSA) records to determine if they contain relevant information that could affect the Veteran's claims.

The Board has decided to remand the Veteran's claims for service connection due to inadequate medical opinions and missing VA treatment records.

The Veteran's claims for increased ratings and TDIU were denied. The Veteran was granted a higher rating for bilateral lower extremity radiculopathy effective June 17, 2021.,Prior to May 18, 2021, the Veteran did not meet the criteria for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).,Beginning May 18, 2021, the Veteran was granted TDIU status.

The Veteran's degenerative arthritis, lumbar spine is currently rated at 60 percent effective August 14, 2012. The Board finds that the Veteran's disability meets the criteria for a 60 percent rating but not higher due to flare-ups resulting in incapacitating episodes having a total duration of at least 6 weeks during the past 12 months. The claim is remanded for further development.

The Veteran's appeals were dismissed as moot due to improper forms and untimely filings.

The Board has denied the Veteran's claims for an initial disability rating in excess of 20 percent for a lumbar spine disability and TDIU due to service-connected disabilities. The case is being remanded for further development, including obtaining private medical records and providing a retrospective opinion regarding the severity of the Veteran's back disability at the time of the January 2019 VA examination.

The Board has granted service connection for a lower back disability and denied service connection for OSA, PTSD, and emphysema. The lower back disability is found to be related to service due to documented in-service treatment and current diagnosis.

The Board denied service connection for neck, low back, left knee/leg, left foot, and right foot disabilities due to a lack of evidence showing chronic or recurring symptoms during or immediately after service.

The Veteran withdrew his appeal for service connection of degenerative disc disease (DDD) of the cervical spine.

The Veteran's appeals for an increased disability rating and TDIU have been dismissed as he has withdrawn the appeal.