Back / lumbar spine decisions — 2023

The Veteran's cervical spine, lumbar spine, right knee, left knee, right foot, and left foot disabilities have been reopened based on new evidence.,Service connection for these conditions is now granted.

The Board denied the Veteran's claim for service connection for a lumbar spine disorder, finding that there is no evidence linking his current condition to his military service.

The Board denied a rating in excess of 40 percent for the Veteran's low back strain with degenerative joint disease and lumbar disc extrusion at L4-5, finding that his disability did not meet criteria for an evaluation higher than 40 percent.

The Veteran's claim for an increased rating of her lumbar strain was denied, and the reduction in evaluation from 40 percent to 10 percent effective December 1, 2019 was also denied. The Board found that there was no actual improvement in her condition.

The Board has decided to remand the case due to inadequate examination and failure of duty to assist, specifically regarding the Veteran's ability to work due to his service-connected disabilities. The case will be returned for further evaluation.

The Board has remanded the issues of service connection for bilateral hearing loss, respiratory condition, lower back condition, and acquired psychiatric disorder (PTSD and MDD) due to a failure to verify all periods of active, ACDUTRA, and INACDUTRA service. The Veteran's claims are being returned for further development.

The Board has remanded the Veteran's claims for service connection for various knee, hip, and lumbar spine disabilities due to a duty-to-assist error in not obtaining certain private treatment records. The Veteran is required to provide authorization for VA to obtain these records.

The Board has granted entitlement to a total disability rating based on individual unemployability (TDIU), finding that the Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities, including degenerative arthritis in the lumbar spine and bilateral knee replacements. The effective date for this decision is not specified.

The Board has decided to remand the case due to insufficient evidence regarding the service connection for a low back disability. The Veteran's statements and medical records need further examination.

The Board has granted readjudication of the Veteran's claims for service connection for low back and left shoulder disabilities, finding new and relevant evidence since the May 2013 rating decision. The Veteran is now entitled to service connection for these conditions.

The Veteran has withdrawn his appeal for service connection for pes planus and plantar fasciitis, lumbosacral strain with degenerative arthritis of the spine and spinal stenosis, and radiculopathy of the right and left lower extremities.

The Board has determined that the Veteran's low back disability had its onset during active service and grants service connection for this condition.

The Veteran's claims for service connection are being remanded due to duty-to-assist errors and the need to consider SSA records.

The Veteran's appeal is remanded due to the need for new examinations and addendums, particularly regarding right knee flare-ups and a back disorder potentially caused by or aggravated by his service-connected right knee disability.

The Board denied service connection for bilateral hearing loss, back disability, and right hand disability due to the lack of evidence of current disabilities at any time during or approximate to the period on appeal.

The Board has denied service connection for low back, left hip, and right hip conditions. The claims of service connection for left hand tremors and right hand tremors are remanded.,Service connection was not granted for the Veteran's claimed low back, left hip, and right hip conditions due to lack of evidence linking these conditions to his military service.

The Board has granted service connection for the Veteran's neck and lower back disabilities, finding that there is at least equipoise of evidence in favor of a nexus to service.

The Board has remanded the case due to a duty to assist error, specifically regarding an inadequate VA medical opinion. The Veteran's claim for compensation under 38 U.S.C. § 1151 is being reviewed with the assistance of an independent medical expert.

The Board has granted service connection for lumbar spine stenosis, cervical spine stenosis, bilateral lower extremity radiculopathy, and bilateral foot drop. The conditions are deemed to be related to the Veteran's in-service injuries due to playing football and carrying heavy equipment.

The Veteran's appeal for an increased rating for his low back disability was dismissed because the June 2019 decision, which granted a higher initial rating but less than maximum benefit, did not abrogate the pending legacy appeal. The issue remains in appellate status under another AMA docket number.