Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims due to inadequate medical opinions and a pre-decisional duty-to-assist error. The issues of service connection for lumbar spine, right hip, right knee, bilateral foot, and right shoulder disabilities are being remanded.

The Board has decided to remand the Veteran's claim of service connection for a back disability due to duty-to-assist errors that occurred prior to the July 2020 rating decision on appeal.

The Board has determined that new and relevant evidence has not been submitted to warrant readjudication of the claims for service connection for bilateral hearing loss, right knee disability, left knee disability, cervical spine disability, and lumbar spine disability. The claims are being remanded due to a duty to assist error in the October 2018 rating decision.

The Board has remanded the Veteran's claims for service connection due to deficiencies in the previous decision, including failure to address theories of entitlement and inadequate opinions regarding tinnitus and spine disabilities.

The Board has remanded the claims for service connection due to conflicting findings and deficiencies in the examination reports. Further VA examinations are needed to determine the nature of any identified lumbar spine and knee disabilities, their relationship to active service, and whether they are related to or aggravated by other service-connected conditions.

The Board has remanded the case for further development to address issues related to the Veteran's intervertebral disc syndrome with arthritis of the lumbar spine and a low back disability.

The Board has remanded the claims for an initial rating in excess of 10 percent for musculoskeletal thoracic spine pain prior to May 15, 2013 and for TDIU due to service-connected disabilities. The appeals are pending further development.

The Veteran's claims for bilateral hearing loss, tinnitus, and lumbar strain have been denied as there is no evidence of an earlier claim or entitlement prior to the effective date assigned.,The Veteran's claim for PTSD has also been denied as there is no evidence of an earlier claim or entitlement prior to the effective date assigned.

The Board has decided to remand the Veteran's claims for migraine headaches, right and left lower extremity radiculopathy, and lumbosacral strain with degenerative joint disease due to incomplete documentation of her medical records and a need to address her lumbar spine disability.

The Board denied service connection for low back disability as there is no evidence that the condition began during active service or is related to an in-service injury, event, or disease. The Veteran's assertions regarding cumulative physical activity and exposure to toxic water at Fort McClellan were not supported by medical opinion.

The Board has remanded the case due to inadequate opinions regarding the Veteran's cervical spine condition and its relationship to service, including secondary service connection for headaches and post-concussive symptoms.

The Board has remanded the Veteran's claims for service connection due to incomplete service records. The Veteran is presumed to have served with the Air Force Reserve, but his periods of active duty and training need to be verified.

The Board denied referral for extraschedular TDIU prior to July 14, 2012 due to insufficient evidence showing the Veteran was unemployable because of his service-connected disabilities.

The Veteran's appeals for service connection for various conditions have been dismissed. The appeal for tinnitus, left ankle disorder, right knee disorder, left foot disorder, and right foot disorder has been withdrawn by the Veteran.,Service connection for IBS was denied prior to February 28, 2018, but a petition to reopen this claim was granted in December 2018. The effective date of service connection for IBS is not earlier than February 28, 2018.

The Board has remanded the claims for service connection due to insufficient opinions in previous VA examinations.

The Veteran's claims for service connection and initial rating for various disabilities are being remanded due to the need for additional development, including obtaining medical opinions regarding his exposure to toxic substances (TERA) and delayed onset hearing loss.

The Board has remanded the Veteran's claims for service connection for back, right flank, and left ankle disabilities due to incomplete records and inadequate medical opinions.

The Board has determined that the Veteran's back disability is at least as likely as not related to his military service, granting service connection for this condition.

The Veteran's hepatitis C claim is reopened and the Board finds it at least as likely as not related to drug use during service. The back disorder, GERD, trigger fingers in both hands, right shoulder disorder, hyperlipidemia, and respiratory disorder (likely COPD) claims are all remanded for further development.,The Veteran's claim for residuals of injury to the jaw and mouth, including a dental disorder, is reopened and the Board finds it at least as likely as not related to an in-service injury. The acquired psychiatric disorder other than PTSD (likely referring to PTSD), hypertension, and right shoulder disorder claims are all remanded for further development.

The Board has remanded several issues related to the Veteran's service-connected lumbar spine, left foot, and hip disabilities due to the need for additional examinations and development of his employment history.