Back / lumbar spine Board decisions

The Board dismissed the appeals regarding proposed reductions in ratings for PTSD and a lumbar spine disability because no final decision had been made by the AOJ.

The Board denied the Veteran's request for an earlier effective date of July 16, 2020 for a 40 percent rating for his low back disability. The Board found that there was no medical evidence showing a factually ascertainable increase in symptoms prior to this date.

The Veteran's service-connected disabilities render him unable to secure or follow substantial gainful employment, consistent with his training and experience as an over-the-road truck driver.

The Veteran's service-connected disabilities do not prevent him from securing and maintaining substantially gainful employment.

The Veteran's service connection for anxiety and hypertension is granted. However, the rating for hypertension remains denied, and a remand is ordered to determine the appropriate rating for his lumbar spine condition.

The Veteran seeks an initial rating in excess of 50 percent for his lumbar spine disability, which was granted effective December 10, 2019. The Board also remanded the issues regarding radiculopathy ratings.,The Veteran's radiculopathy (femoral nerve) has been service-connected since December 10, 2019, but his claim for earlier effective dates remains pending.

The Board has decided to remand the case due to inadequate medical opinions and new evidence provided by the Veteran.

The Board has granted service connection for bilateral shin splints and a low back disorder. The claim for an upper back disorder is remanded, as well as the TDIU issue.

The Veteran's application to revise the September 1997 rating decision based on clear and unmistakable error (CUE) for a compensable rating for tinnitus was denied. The appeal is also denied regarding service connection, increased ratings, earlier effective dates, and TDIU.

The Board has remanded the cases for further development due to inadequate VA medical opinions regarding the nature and etiology of the Veteran's degenerative arthritis of the lumbar spine, right shoulder, and left shoulder.

The Veteran's initial ratings for degenerative arthritis of the thoracolumbar spine, left lower extremity radiculopathy, and right lower extremity radiculopathy have been granted at 50%, 40%, and 40% respectively.

The Board denied service connection for Parkinson's Disease, an acquired psychiatric disorder, and a lumbar spine disability on an accrued basis due to the lack of evidence linking these conditions to service or a service-connected condition.

Service connection for a lumbar spine disability and a neurological disability of the right arm is denied.,The Veteran's claims for residuals of left biceps rupture and scars associated with the left biceps rupture are remanded.

The Veteran's appeal for a rating in excess of 40 percent for lumbar spine degenerative disc disease, apophysitis, and right L2 3 laminoforaminotomy and partial facetectomy residuals was dismissed due to procedural issues.

The Board remands the claim for a low back disability to correct a duty to assist error in satisfying its duties under 38 U.S.C. § 5103A.

The Board has granted service connection for lumbar spine degenerative disc disease, right shoulder impingement syndrome with acromioclavicular (AC) joint arthritis, left shoulder tendonitis and rotator cuff tendinopathy, and overactive bladder. The conditions are deemed to be related to the Veteran's military service.,The decision is based on the Veteran's credible statements about his in-service injuries and the VA examiner's opinion that these conditions are at least as likely as not caused by his service.

The Veteran's obesity is not service-connected as it is not a compensable disability.,Prior to October 5, 2022, the Veteran's left and right lower extremity femoral nerve radiculopathies were rated at 10 percent each. The Board finds that they are currently less than moderate in severity.,The Veteran's left and right lower extremity femoral nerve radiculopathies have not been found to be more than moderate in severity prior to October 5, 2022.,Prior to August 17, 2022, the Veteran's left and right lower extremity sciatic nerve radiculopathies were rated at 10 percent each. The Board finds that they are currently less than moderate in severity.,The Veteran's service-connected thoracolumbar spine disability has not been found to be more than 20 percent disabling.

The Board has decided to remand the claims of service connection for back and neck disabilities due to insufficient medical evidence. The Veteran's lay statements will be considered, along with his reported symptoms during service.

The Veteran's claims for service connection were denied in the May 2013 decision due to a lack of evidence of current disability and no objective evidence of a chronic respiratory condition.

The Veteran's claims for increased ratings and an earlier effective date are remanded due to pre-decisional duty to assist errors. The Board requests a retrospective medical opinion regarding the severity of his lumbar spine disability, left lower extremity radiculopathy, and status post laminectomy scar during the period from February 22, 2012, to October 25, 2020.