Back / lumbar spine Board decisions

The Board has remanded the Veteran's claims for service connection for low back disability and radiculopathy of the bilateral lower extremities due to inadequate examination opinions and incomplete record development.

The Board has remanded the case for further development to determine if the Veteran's low back condition is related to service, including whether it was aggravated by a congenital defect or disease.

The Veteran's multilevel degenerative disc disease, femoral nerve radiculopathy of the left and right lower extremities, and sciatic nerve radiculopathy of the right lower extremity are all rated at 40 percent for the period from June 10, 2007 to February 28, 2017. The Veteran's right knee degenerative changes status post arthroscopy with chondroplasty and synovectomy is rated at 20 percent, while his left knee degenerative changes are rated at 10 percent.

The Board has remanded the claims for service connection due to incomplete records and a need for clarification of the March 2019 VA examination report.

The Veteran's service-connected disabilities, including sleep apnea and degenerative disc disease of the lumbar spine, are found to be of such severity that they preclude his ability to maintain substantially gainful employment. The TDIU rating is granted. However, the issue of a higher rating for the back disability remains pending.

The Board has remanded the Veteran's claims for service connection for a back condition and an initial compensable rating for bilateral inguinal hernias due to new evidence submitted after the September 2020 supplemental statement of the case.

The Board has granted service connection for degenerative arthritis of the lumbar spine, finding that there is at least equipoise evidence supporting a link between the Veteran's in-service injury and his current condition.

The Board has denied service connection for back disability, respiratory disability (asthma), and bilateral leg disability. The Veteran is also not eligible for TDIU benefits as he does not have any service-connected disabilities.

The Veteran's appeal for increased ratings for his lumbar spine disability has been dismissed due to the Veteran's withdrawal of the appeal.

The Board denied the Veteran's claim for an earlier effective date for TDIU prior to February 29, 2012, finding that he was not unemployable due to his service-connected disabilities before this date.

The Veteran's dermatitis, ischemic heart disease, hypertension, lumbar spine strain, right lower extremity radiculopathy, left lower extremity radiculopathy, and residuals of a stroke are all granted. The Veteran's lumbar spine strain is rated at 10 percent.

The Board denied the Veteran's claim for a TDIU as he did not return a completed VA Form 21-8940 to support his claim, and there is no evidence demonstrating that he is unable to obtain or retain gainful employment due to his service-connected disabilities.

The Board has denied a rating in excess of 20 percent for the Veteran's low back disability, but has remanded issues regarding narcotic bowel syndrome and TDIU.

The Veteran withdrew his appeal for a higher rating for his service-connected back condition, stating he was satisfied with the current disability rating and payment amount.

The Veteran's appeal to reopen a claim of service connection for right ankle disability is granted. The claims for bilateral hearing loss, back disability, left hip disability, right hip disability, left knee disability, and right knee disability are remanded due to the need for additional evidence or examination. The claim for migraine headache is denied as there was no established link between current headaches and service.

The Veteran's claim to reopen a back disability was granted, and the appeal is remanded for further development including a VA examination.

The Veteran's appeals for service connection and rating increases have been dismissed. The Board has remanded several issues including right foot neuropathy, left foot neuropathy, sleep apnea, cervical spine disability, lumbar spine disability, bilateral primary open angle glaucoma, chronic fatigue syndrome, and lower extremity radiculopathy.

The Veteran's chronic low back disorder with degenerative arthritis, lumbosacral strain, IVDS (Intervertebral Disc Syndrome), and spinal stenosis is currently rated at 40 percent prior to January 20, 2021.,A separate rating of 10 percent for sciatic radiculopathy of the left lower extremity from October 5, 2006 has been granted.,A separate rating of 10 percent for sciatic radiculopathy of the right lower extremity from May 3, 2007 has also been granted.

The Veteran's claims for increased ratings for right ankle osteoarthritis and lumbosacral strain have been remanded due to the need for new VA examinations to assess current disability levels.

The Board has remanded the claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) due to insufficient medical opinions regarding the Veteran's ability to work.