Back / lumbar spine Board decisions

The Board has decided to remand the case due to issues with obtaining a legible copy of a chiropractic treatment note and for further medical examination.

The Board has remanded the claims for a lumbar spine disorder, right lower extremity radiculopathy, and left lower extremity radiculopathy due to inadequate examination and failure to address the Veteran's contentions of in-service back pain.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and depressive disorder, was denied. The Board found that there is no credible supporting evidence of a personal assault during service.,A rating of 40 percent for degenerative disc disease of the lumbar spine with facet arthritis from August 21, 2015 to October 28, 2020 was granted.

The Veteran's Type II diabetes mellitus is granted as service connected. The Board remanded the issues of service connection for recurrent lumbosacral spine disability, recurrent right shoulder disability, and bilateral hearing loss due to lack of adequate medical evidence.

The Board denied service connection for fibromyalgia, a low back disability, left thigh disability, right thigh disability, left lower leg disability, right lower leg disability, and left ankle disability, all claimed as secondary to the Veteran's service-connected hallux valgus.,The Board also denied service connection for a right ankle disability, which was not explicitly addressed in the decision summary but is part of the issues listed.

The Board has granted service connection for hypertension, a back disability, and an acquired psychiatric disorder (PTSD). The rating for the residuals of broken nose is also granted.

The Board has remanded the case due to new evidence of worsening hearing loss, and a new VA examination is needed.

The Veteran's service-connected lumbar spine disorder is rated at 20 percent, effective August 25, 2017. Ratings of 20 percent are also granted for RLE and LLE sciatic and femoral nerve radiculopathies, also effective August 25, 2017.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from January 25, 2008 to May 24, 2010.

The Board denied a rating in excess of 20 percent for the appellant's service-connected lumbosacral strain, finding that his symptoms did not meet the criteria for a higher rating based on limitation of motion or other disability factors.

The Board has remanded the Veteran's claims for obstructive sleep apnea and a neck disability, to include degenerative disc disease, due to inadequate analysis of the lay evidence regarding the onset and continuity of symptoms.

The Veteran's claim for an increase in the ratings assigned for his low back disability was denied. The rating of 20 percent is maintained from December 19, 2016 onwards.

The Board has remanded the claims of service connection for gastrointestinal disability, pancreatitis, and diabetes mellitus due to a gastrointestinal disability. Additional development is needed.

The Veteran's appeal for increased ratings and TDIU was denied. The decision also granted SMC at the housebound rate prior to August 6, 2010.

The Veteran's service-connected PTSD and other disabilities have rendered him unable to secure or follow a substantially gainful occupation, leading to the grant of TDIU from February 13, 2018. Additionally, his single service-connected disability rated at 100 percent (PTSD) combined with additional disabilities independently ratable at 60 percent or more qualify him for SMC under specific VA regulations.

The Veteran was unable to secure or follow a substantially gainful occupation prior to May 1, 2007 due to his service-connected disabilities. The Board denied the claim for TDIU as there was no evidence showing that the Veteran's service-connected disabilities prevented him from securing and following any substantially gainful employment.

The Veteran's low back disability was initially rated at 20 percent prior to June 4, 2019 and increased to 40 percent thereafter. The appeal is remanded for further development regarding the TDIU claim.

The Veteran's increased ratings claims for lumbar strain with spondylosis and associated lower extremity radiculopathy are remanded due to inadequate examination reports.

The Veteran's post-operative residuals of a herniated lumbar disc and lumbar spondylosis with IVDS are not entitled to a compensable initial rating prior to July 23, 2012. The Veteran's radiculopathy of the right lower extremity is not entitled to an initial rating in excess of 10 percent prior to July 23, 2012.

The Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation prior to September 7, 2010.