Back / lumbar spine Board decisions

The Veteran's service-connected lumbar spine DJD, right lower extremity radiculopathy, and left lower extremity polyradiculopathy disabilities render him unable to secure or follow substantially gainful employment from December 7, 2011.

The Veteran's lumbar spine degenerative disc disease is currently rated at 40 percent, and the Board has remanded this issue for further development.

The Veteran's claim for service connection for posttraumatic stress disorder was dismissed. The previously denied claim of hypertension was reopened and granted a 50% evaluation. The initial evaluation for depressive disorder was granted at 50%. Other claims were remanded.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining SSA records and scheduling VA examinations. The claims will be remanded to allow for these steps.

The Veteran's claim for a separate rating of 20 percent for left lower extremity radiculopathy prior to April 30, 2012 is granted. The Veteran's claim for TDIU effective January 8, 2010 is also granted.

The Board has remanded the case due to an inadequate VA examination opinion from June 2016, which did not account for relevant details in the Veteran's medical history. The Court found that the examiner failed to discuss the Veteran's September 2015 statement reporting a recurrent back condition since service.

The Veteran's lumbar spine disability was initially rated as noncompensable from July 31, 1995 to April 29, 1999. From October 2, 2006, a rating of 10 percent has been granted.

The Veteran's lumbosacral sprain and bilateral lower extremity peripheral neuropathy were denied increased ratings. The lumbosacral sprain was not rated higher than 20 percent, while the right and left lower extremity peripheral neuropathies each received a 20 percent rating effective January 10, 2019.

The Veteran's initial evaluation for back strain with degenerative disc disease of the thoracolumbar spine was granted at a 40 percent rating from April 21, 2021. The initial evaluation for GERD prior to February 28, 2018, remains unchanged at a 10 percent rating.

The Board has remanded the case due to inadequate examination and failure to obtain private medical records. The Veteran's service-connected back disability is rated at 10 percent, but he seeks a higher rating.

The Veteran's back disability is rated at 10 percent from September 4, 2004 to January 7, 2016 and a 20 percent rating thereafter. The Board has granted an increased rating of 20 percent for the Veteran's service-connected back disability beginning July 28, 2008.,The Veteran's GERD is rated at non-compensable from September 4, 2004 to January 7, 2016 and a 30 percent rating thereafter. The Board has granted an increased rating of 30 percent for the Veteran's service-connected GERD beginning September 26, 2011.

The Veteran's appeals for a total disability rating based on individual unemployability, service connection for low back disability, and service connection for an acquired psychiatric disorder have been dismissed due to the death of the appellant.

The Veteran's claim for increased ratings on his right hip disabilities, service connection for a low back disability, left knee disability, and specially adapted housing is being remanded due to the need for additional development.,Service connection for a kidney disability and a low back disability are also being remanded as there was insufficient medical opinion regarding their relationship to the Veteran's left hip disability.

The Veteran's back condition has not met the criteria for a higher rating, and his TDIU claim is remanded due to insufficient evidence.

The Board denied service connection for bilateral hearing loss, PFB, left knee disability, right knee disability, sleep apnea, IBS, acid reflux disability, hemorrhoids, low back disability, left hip disability, right hip disability, pes planus, left foot disability, right foot disability, left ankle disability, and right ankle disability. The issues of service connection for these conditions are REMANDED.

The Board has denied the Veteran's claims for service connection for cervical and lumbar spine disabilities, finding that these conditions are more likely due to natural aging process rather than an in-service incident.

The Veteran's right lower extremity radiculopathy is rated at 10 percent, effective March 9, 2020.,Prior to March 9, 2020, the Veteran's left lower extremity radiculopathy was rated at 10 percent. From March 9, 2020, it is rated at 40 percent.,The Veteran's lumbosacral strain is increased from 10 to 40 percent effective March 9, 2020.

The Board has granted service connection for major depressive disorder and anxiety, as well as back disability, for substitution or accrued benefits purposes.,Service connection was denied for the Veteran's back disability.

The Veteran's service-connected disabilities did not preclude him from securing or maintaining substantially gainful employment prior to November 2, 2020.

The Board has granted service connection for a low back disability, asthma, and an acquired psychiatric disorder. The claim for sleep apnea was denied as the Veteran does not have a current diagnosis of this condition.