Back / lumbar spine decisions — 2023

The appeal for service connection for a right hand disability is dismissed. The appeals for low back disability, chest pains, GERD, OSA, and acquired psychiatric disorder are remanded.

The Board has remanded the cases for further development and consideration, including obtaining a retrospective evaluation of the Veteran's lumbar spine disability from service through his death. The AOJ is also instructed to consider whether extraschedular TDIU referral is warranted.

The Board has remanded the claims for service connection for back pain, left foot bunion, and right foot bunion due to outstanding medical records from Germany.

The Board has already granted service connection for sciatica, right lower extremity and left lower extremity secondary to low back condition. Therefore, the appeal is dismissed.

The Board has determined that additional evidence is needed to determine the current severity of the Veteran's back disability, rhinitis, and other conditions. The VA will attempt to obtain relevant private treatment records from WHC and Dr. S., as well as any outstanding VA treatment records. A new VA examination will be scheduled for these claims.

The Board has denied service connection for lumbar spine condition, generalized anxiety disorder, panic disorder without agoraphobia, alcohol abuse disorder, and sleep disorder due to the finding that these conditions were not incurred in line of duty.

The Board has remanded the claims of service connection for acquired psychiatric disabilities, Meniere's disease, cervical spine disability, left shoulder disability, right shoulder disability, and lumbosacral spine disability due to insufficient evidence. The Veteran's complete service treatment records are not available.

The Board has dismissed the Veteran's claims for increased ratings for right shoulder limitation of motion and recurrent dislocation of the right shoulder. The Board has also remanded the Veteran's service connection claims for a thoracolumbar spine disability and left shoulder disability.

The Board has determined that a remand is necessary to obtain an opinion regarding the nature and etiology of the claimed lumbar spine disability, as well as to schedule the Veteran for an examination to determine the current level of severity of his service-connected left hip disabilities. The issues on appeal include service connection for a lumbar spine disability secondary to left knee and/or left hip disabilities, initial compensable ratings for left hip disabilities with specific limitations, and confirmation that these matters are addressed appropriately.

The Board has remanded the Veteran's claims for additional development, including scheduling him for VA examinations to address his service connection and rating issues.

The Veteran's initial rating for left knee instability from April 11, 2005 is granted at a 20 percent disability rating. The case is remanded for further review of the lumbar spine disability and TDIU issues.

The Veteran's claims for service connection for right ear hearing loss, tinnitus, and left knee degenerative joint disease have been remanded due to the need for further evaluation. The lumbar spine disability claim is also pending.

The Veteran's hypertension is granted a 10 percent rating from October 30, 2017. Other service connection claims are remanded for further development.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine disorders due to insufficient evidence in the record. The case will be returned for further development.

The reduction in evaluation from 20 to 10 percent for service-connected lumbar spine disability was improper, and the 20 percent rating is restored. The Veteran's claim for an increased rating for his lumbar spine disability includes consideration of whether the reduction in the assigned rating was proper.

The Veteran's lumbosacral strain with degenerative arthritis is currently rated at 20 percent, effective November 7, 2014. The Board finds that the evidence does not show limitation of forward flexion to 30 degrees or less, even when considering pain and other factors, so a higher rating is not warranted.

The Board has remanded the cases for further development due to procedural issues and the need for a new examination. The Veteran's claims of increased rating for cervical spine disability and TDIU are being considered.

The reduction from 40% to 20% rating for the service-connected back disability effective May 22, 2017 to July 6, 2020 was not proper. The Board restored the 40% rating for this period.

The Board has remanded the claims for further development and consideration, including obtaining addendum opinions regarding service connection for various conditions.

The Board denied a rating in excess of the current ratings for the Veteran's lumbar strain with degenerative joint disease and left knee strain, status post fracture, left fibula.