Back / lumbar spine Board decisions

The Veteran's claim for a higher rating for lumbar spine DDD prior to September 9, 2019 was granted. A separate compensable rating of 20 percent for RLE sciatic radiculopathy beginning May 8, 2012 is also granted.

The Board has decided to remand the case for further development, including obtaining a clarification opinion regarding whether the Veteran's lumbar spine disorder is secondary to his service-connected right knee disabilities.

The Board has determined that the Veteran's claims for service connection are remanded due to insufficient evidence and need further examination. The issues of low back condition, sleep disorder (including sleep apnea and/or insomnia), and acquired psychiatric disorder remain unresolved.

The Veteran's appeal for service connection for cervical radiculopathy, right upper extremity was dismissed.,A rating in excess of 30 percent for cervical spine degenerative disc disease from August 4, 2014 is denied.

The Board has determined that there has not been substantial compliance with its remand directives and the claims for service connection are being returned to the agency of original jurisdiction (AOJ) for further action.

The Board has remanded the case for additional development, including obtaining updated treatment records and an addendum opinion addressing flare-ups and occupational use of the thoracic spine. The Veteran's sleep and acquired psychiatric disorders are also to be evaluated in relation to his service-connected thoracic spine disability.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's low back disability, specifically whether it is related to service or secondary to his service-connected bilateral pes planus and knee disabilities.

The Board has remanded the Veteran's claims for additional development to obtain his service treatment records from July 2001 to December 2001, as these records are necessary to determine if new and material evidence has been submitted to reopen his service connection claims.

The Veteran's claims for increased disability ratings and effective dates related to his service-connected lumbar spine strain, left and right lower extremity sciatic nerve radiculopathy, and TDIU are being remanded due to the need for further development.,Additionally, the Veteran's claim for specially adapted housing and special home adaptation grant is also being remanded.

The Veteran's TDIU is currently rated from December 27, 2012. The Board has remanded the case to determine if an earlier effective date prior to that date should be granted due to his service-connected low back disability.

The Veteran's service-connected disabilities (lumbar spine disability, gastritis, radiculopathy of the lower extremity, hypertension, and right achilles disability) have rendered him unemployable since July 18, 2019. The Board granted his TDIU claim.

The Board has decided to remand the Veteran's claims for left knee, lumbar spine, and cervical strain disabilities due to their secondary nature to his service-connected right knee disability. The VA will obtain additional medical opinions regarding the etiology of these conditions.

The Board has remanded several service connection claims due to the Veteran's failure to appear for a scheduled DRO hearing. The remaining issues are still under review.

The Board has remanded the claims for increased ratings for lumbar spine disability due to insufficient evidence and conflicting medical opinions.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective February 1, 2018. The Board denied an evaluation in excess of this rating for the period beginning February 1, 2018.

The Board has denied a rating in excess of 10 percent for the Veteran's lumbar strain prior to October 10, 2014 and granted a 20 percent rating from that date. The case is remanded for further action on service connection for tinnitus.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) for the period prior to January 11, 2019, due to his service-connected lumbar spine and bilateral lower extremity radiculopathy disabilities.

The Veteran's right lower extremity radiculopathy is granted with a 10 percent rating, and his lumbar strain prior to June 11, 2019, is granted at a 40 percent rating. A higher rating for lumbar strain beyond this date is denied, as well as the Veteran's claim for TDIU.

The Veteran's appeal for a higher rating for post-operative residuals of lumbar laminectomy and discectomy was denied. The Board found that the evidence did not meet the criteria for a higher rating based on unfavorable ankylosis or incapacitating episodes. For TDIU, the Veteran was granted a total disability rating due to individual unemployability as of April 17, 2014.

Service connection for tinnitus is granted, and a rating higher than 10 percent for degenerative disc disease of the lumbar spine is remanded.