Back / lumbar spine decisions — 2023

The Board has remanded the claims for further development due to inadequate opinions and need for additional evidence. The Veteran's service connection claims are being returned to the RO for additional examination and opinion.

The Board has remanded the Veteran's claims for a lumbar disability, left eye disability, and skin disability to obtain additional records and conduct further examinations. The Veteran will have another opportunity to provide updated treatment records and any relevant private medical records.

The Board has granted service connection for a cervical spine condition, a lumbar spine disorder, a left knee disorder, and left lower extremity radiculopathy.,After considering all the evidence of record, including the Veteran's testimony and medical opinions, the Board found that there is an approximate balance or near equivalence of the evidence to support the Veteran's claims for these conditions.

The Veteran's claims for service connection for various conditions, including PTSD, depressive disorder, TBI, and related disabilities, were denied as there is no evidence of a current diagnosis or link to service.

The Board has granted service connection for a neck disability and back disability, finding that the current disabilities are related to an in-service injury. The Veteran's TDIU award is also considered, leading to the grant of SMC at the housebound rate.,The Veteran was awarded a TDIU based on multiple service-connected disabilities, but this does not affect his eligibility for SMC as it must be based on a single disability rated as 100%.

The Board has remanded the case due to insufficient evidence regarding the current severity of the Veteran's lumbar spine disability. The Veteran is also seeking a TDIU, which was previously granted but with an incorrect effective date.

The Board denied a higher rating for the Veteran's low back disability, finding that it did not meet the criteria for a rating in excess of 40 percent throughout the appeal period.

The Board has remanded the claims for service connection for neck, back, left knee, right, and left ankle disorders due to additional development being necessary.

The Board denied the Veteran's claims of service connection for skin disability, anxiety disorder, low back disability, right shin splint, left shin splint, and acne. The decision found that new and material evidence was not received to reopen the claim for skin disability, and dismissed the appeal for anxiety disorder as moot due to concurrent PTSD service connection. Service connection was denied for low back disability, right shin splint, and left shin splint.

The Veteran's claims for increased rating and TDIU are being remanded due to the need to obtain information about the qualifications of the examiners who provided medical opinions related to his degenerative arthritis of the thoracolumbar spine.

The Board has remanded the case for an addendum medical opinion to determine the nature and etiology of the Veteran's current low back disability, considering his reports of in-service parachute jumps and wear and tear on his back.

The Board has remanded the Veteran's claims for HIV, right knee disability, low back disability, and headaches due to outstanding treatment records and a VA medical opinion on the etiology of his headache disability.

The Veteran's claim for service connection for lumbar spondylolysis and lumbosacral strain is granted. The Board found that the current disability is related to his military service.

The Board has denied the Veteran's claim for TDIU prior to April 16, 2019. The Court granted a Joint Motion for Remand (JMR) due to unclear application of the reasonable probability standard under Snider v. McDonough. The case is remanded for referral to VA's Director of Compensation Service for extraschedular consideration.

The Board has reopened the claim for service connection of a back disability and remanded it to obtain an adequate medical opinion regarding its etiology. The Veteran's lay statements suggest that his back problems may have existed prior to a work-related injury in 1992, while VA treatment records indicate possible aggravation by previous knee or hip disabilities.

The Board has remanded the claim for service connection of a low back disability due to inadequate development and lack of an opinion addressing the etiology of the Veteran's current low back disability.

The Board has granted initial ratings of 60 percent for left and right lower extremity radiculopathy, but denied a rating in excess of 40 percent for postoperative residuals of lumbar spine degenerative disc disease.

The Veteran's low back disability is currently rated at 20 percent, and the Board has decided to remand this case for further examination to determine if additional limitation of motion or radiculopathy should result in a higher rating.

The Veteran's cervical spine, lumbar spine, left knee, right knee, and hemorrhoids conditions are granted service connection. The Veteran's left leg and right leg conditions are remanded for further examination.

The Board has dismissed the appeal for service connection of a left foot injury with burns. Service connection is granted for tinnitus. The appeals for bilateral hearing loss, thoraco-lumbar spine disability, and headaches/migraines are remanded.