Back / lumbar spine decisions — 2023

The Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities prior to October 2, 2015.

The Board has remanded the claims for service connection due to insufficient evidence regarding the relationship between the Veteran's current conditions and her in-service exposures, particularly related to Gulf War service.

The Veteran's claim to reopen the service connection for a low back disorder is granted, and service connection is also granted. The claim for service connection for a hysterectomy is remanded.

The Board has remanded the Veteran's claims for left knee condition, cervical spine disability, and lumbar spine disability due to inadequate medical opinions in previous VA examinations. The case is now pending again for further development.

The Board has decided to remand the issue of service connection for a lumbar spine disorder due to insufficient evidence in the record regarding its onset and relationship to military service.

The Board has remanded the case for additional development due to insufficient opinions regarding the relationship between the Veteran's joint pain and his service-connected diabetes mellitus, type II.

The Veteran's service-connected lumbar spine disability and right lower extremity radiculopathy did not preclude him from securing and following any substantially gainful employment from August 10, 2016 to April 30, 2020.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's cervical and lumbar spine disabilities are secondary to his service-connected right tibia stress fracture. A new VA examination is needed to clarify these issues.

The Veteran's claims for increased ratings and compensation under 38 U.S.C. § 1151 are being remanded due to procedural errors and the need for additional evidence.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional evidence is needed to decide whether her left knee condition was aggravated by service and whether her right knee and lower back conditions are related to her service-connected left hip condition. The claim for fibromyalgia will also be remanded as it requires a VA examination.

The Veteran's claim for reimbursement of non-VA medical treatment on November 23, 2014 is granted as the emergency room visit was considered a medical emergency and VA facilities were not feasibly available.

The Board has dismissed the Veteran's appeals regarding service connection for Restless Leg Syndrome, a back disability, and erectile dysfunction. The appeal is dismissed because the Veteran did not timely appeal the previous rating decisions denying these claims within one year of receiving notice.

The Board has granted service connection for the Veteran's low back condition and sciatica as secondary to his low back condition. The evidence is in approximate balance that these conditions are related to service.

The Board has determined that new and relevant evidence has been received sufficient to readjudicate the claims for spinal stenosis, degenerative disc disease, lower back pain and herniated disc, thoracolumbar spine ('back disability'), but not for sciatic left side as secondary to back disability or right hip with hip replacement. The claim for 'back disability' is remanded due to a duty-to-assist error.

The Board has granted service connection for right and left knee, hip, and low back degenerative arthritis as well as right and left lower extremity neuropathy that are secondary to the Veteran's service-connected pes planus with DJD.

The Board has granted service connection for a back condition, right knee strain, left knee strain, and left hip condition based on the Veteran's competent and credible reports of in-service symptoms and continuous symptoms since service.

The Board has dismissed the appeals for service connection of bilateral foot disability, tinnitus, and chronic lumbar spine pain as they were not properly docketed in the modernized appeal system.

The Veteran's service-connected disabilities have not prevented him from securing and following substantially gainful employment.

The Board has denied the Veteran's claims for service connection for back, right hip, and left hip disorders due to a lack of evidence linking these conditions to his military service.

The Board is remanding the cases for further action due to outstanding SSA records and a duty to assist error.