Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims of service connection for low back and neck conditions due to inadequate examination reports, failure to provide a VA examination addressing the relationship between the claimed disabilities and service or service-connected disabilities, and other procedural issues.

The Veteran's appeal for several disability ratings and an earlier effective date has been dismissed due to the Veteran's withdrawal of all issues on appeal.

The Veteran's acquired psychiatric conditions, DJD of the lumbar spine, and DJD of the cervical spine are granted service connection. Service connection for prostate cancer is also granted due to exposure to herbicide agents including Agent Orange during his Vietnam War service.

The Board has granted service connection for a back disability as secondary to the Veteran's service-connected bilateral pes planus, finding that his current back condition is aggravated by his service-connected foot condition.

The Board has remanded the claims for service connection due to insufficient medical opinions regarding the etiology of the Veteran's left shoulder disorder, fibromyalgia condition, right and left ankle disorders. The claims are being returned for new VA medical opinions considering the Veteran's exposure at Camp Lejeune.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine disabilities due to insufficient evidence in the record. The AOJ is instructed to obtain additional medical records, schedule a VA examination, and readjudicate the claims.

The Veteran's claims for increased ratings for lumbar degenerative joint disease with IVDS are being remanded due to inadequate medical evidence in the prior decisions. The VA is instructed to provide an appropriate examination and assess the current severity of the service-connected condition.

The Veteran meets the schedular criteria for TDIU due to his service-connected disabilities, which render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the remand is necessary due to inadequate medical opinions regarding the Veteran's pes planus, cervical spine, and lumbar spine disabilities. The issues of service connection for these conditions are being remanded.

The Veteran's service-connected left and right lower extremity sciatic radiculopathies are granted a 40 percent rating throughout the appeal period. The Veteran's lumbar spine intervertebral disc syndrome (IVDS) and degenerative joint disease (DJD) is granted a 40 percent rating, but higher ratings for other radiculopathy conditions are remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include right foot conditions, trigger finger of the right hand, and a thoracolumbar spine disability.

The Board has remanded the case due to inadequate examination and the Veteran's health issues preventing a physical examination. The case will be reviewed again with a new VA medical opinion.

The Board has remanded the Veteran's claims for fatigue, headaches, acquired psychiatric condition (including PTSD and depression), dizziness, and a back condition due to procedural issues and the need for further development.

The Board has remanded the Veteran's claims for service connection for various musculoskeletal disabilities, including left and right hip, knee, ankle, and foot conditions. The issues are being remanded to obtain additional medical opinions regarding the etiology of these disabilities.

The Board has determined that the withholding of VA compensation benefits to recoup separation pay in the amount of $23,484.38 was proper and this appeal is denied as a matter of law.

The Veteran's lower back disorder and radiculopathy of the right and left lower extremities are rated at 20 percent, effective June 19, 2015. The rating for thoracolumbar spine discogenic degenerative joint disease with facet joint arthritis is denied.

The Veteran's claim for SMC at the housebound rate is denied as he does not meet the threshold requirements for such a grant due to his service-connected disabilities and their ratings.

The Board denied service connection for a lumbosacral strain disability and irritable bowel syndrome (IBS), finding that there was no medical evidence linking these conditions to the Veteran's active duty service or to another service-connected disability.,Specifically, the Board found that the current low back disability is not related to service-connected bilateral knee disabilities. The examiner concluded that the Veteran's IBS is idiopathic and unrelated to his anxiety disorder.

Service connection is granted for sinusitis, allergic rhinitis, degenerative arthritis of the thoracolumbar spine, degenerative arthritis of the left shoulder, and degenerative arthritis of the right shoulder. Service connection is also granted for degenerative arthritis of the left ankle and right ankle.

The Board has decided to remand several claims for further action, including obtaining SSA records and considering the Veteran's entitlement to TDIU and SMC.