Back / lumbar spine decisions — 2023

The Board has found a duty to assist error for the claim of service connection for a back disorder and has ordered an additional medical opinion to address whether the Veteran's degenerative disc disease is related to his military service, including training while carrying heavy packs and climbing up and down ladders and stairs.

The Veteran's service-connected conditions do not meet the criteria for eligibility for specially adapted housing (SAH) or a special home adaptation (SHA) grant due to insufficient anatomical loss, blindness, burns, or other qualifying disabilities.

The Board dismissed all claims due to the Veteran's death and because the appeal was not perfected under the modernized review system (AMA).

The Board has decided to remand the case due to the need for additional medical examination and opinion regarding the etiology of the Veteran's lumbar spine disability.

The Veteran's low back condition is granted as service connection due to continuity of symptoms since the initial injury in 1974.,The Veteran's right shoulder condition is granted as service connection due to continuity of symptoms since the initial injury in 1973.

The Board has decided that the Veteran's service-connected lumbar spine disability should be remanded for further development due to an inadequate VA examination.

The Board has remanded the claims for service connection for bilateral hearing loss, tinnitus, sciatica of the left and right lower extremities, and lumbosacral strain due to new evidence submitted by the Veteran. The claims are being remanded because there is a possibility that the Veteran was exposed to toxic exposure risk activities during her military service.

The Board has remanded the Veteran's claims for service connection for upper back and middle/lower back conditions due to insufficient evidence of a link between his current disabilities and military service. The Veteran testified about an in-service slip and fall injury, but VA did not obtain private medical records or request a VA examination.

The Veteran has withdrawn his appeals for service connection of cervical spine, lower back, right ankle, and right wrist disabilities. The Board dismissed the appeal as a result.

The Veteran's tinnitus, right ankle disorder, right knee disorder, and back disorder are not service-connected.,The Veteran's right shoulder disorder is remanded for further examination.

The Veteran's appeal is remanded for further development, including obtaining an addendum medical opinion regarding his service-connected ankle condition and its relationship to his diagnosed degenerative disc disease.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and a TDIU is granted for the period prior to October 4, 2021.

The Board has found a duty to assist error due to the Veteran's cancellation of a VA examination, and thus the case is being remanded for the Veteran to be afforded a new VA examination to assess his service-connected lumbar spine disability.

The Board has decided to remand the case due to insufficient rationale in a VA examiner's opinion regarding the relationship between the Veteran's back condition and his service, as well as its relation to his service-connected bilateral knee disabilities. The case will be returned for further development.

The Board denied the Veteran's claim for service connection for lumbosacral strain, finding that there was no evidence of a current disability and that any back pain experienced by the Veteran did not meet the criteria for a disability. The Board also found that the Veteran's in-service injury had resolved and that he did not have continuous symptoms since service.

The Board denied the Veteran's claims for an effective date earlier than July 17, 2012 for the grant of service connection for cervical spine DDD/herniation and radiculopathy, right upper extremity.,There was no formal or informal claim filed before July 17, 2012. The Veteran's representative argued that the effective date should go back to May 2007 based on new service treatment records submitted in June 2015.

The Board denied compensation under 38 U.S.C. § 1151 for the Veteran's claimed low back, left hip, left leg, left foot, and left toe disabilities as they were not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are related to his service, specifically his active duty as a Crew Chief, In-Flight Refueling Specialist (boom operator), and Aircraft Loadmaster. The appeal is being remanded for further examination and consideration of new evidence.

The Veteran's claims for effective dates prior to August 1, 2017, for service connection for left and right upper extremity radiculopathy are denied.,The Veteran's claim for service connection for a low back disability is granted with an effective date of August 1, 2017.,The Veteran's claims for secondary service connection for bilateral lower extremity radiculopathy, left knee disability, and right knee disability are granted.,The Veteran's claims for service connection for a left shoulder disability and right shoulder disability are remanded.,The Veteran's claim for service connection for a headache disability is remanded.

The Board denied service connection for a low back disability and remanded the right foot disability claim.