Back / lumbar spine decisions — 2023

The Board has granted service connection for the Veteran's right knee and low back disabilities, but has remanded his fibromyalgia claim due to toxic exposure during service.

The Board denied service connection for various conditions, including bilateral hip condition, right ankle strain, lumbosacral strain, muscle injury of the left thigh and calf, and sciatica. The evidence did not support a finding that these conditions were related to active service or service-connected disabilities.,The Veteran's claims for service connection were denied as there was no current diagnosis or medical evidence linking her claimed conditions to her military service.

The Veteran's service-connected disabilities, including his low back condition and related radiculopathies, left shoulder strain, and tinnitus, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on the combined impact of these conditions.

The Veteran's claim for service connection for arthritis, lumbarization, and asymmetrical facets has been denied because the new evidence submitted does not provide a basis to reconsider the initial denial of service connection.

The Board has determined that the Veteran's lower back condition is etiologically related to service and grants entitlement to service connection.

The Board denied the appellant's eligibility for direct payment of attorney fees from benefits resulting from the September 2019 grant of a total disability rating based on individual unemployability (TDIU). The TDIU was granted in response to an initial claim for TDIU filed by the Veteran, and not as part of an appeal or reconsideration of prior decisions.

The Veteran's claims for increased ratings for lumbosacral strain with degenerative arthritis and IVDS, as well as sciatic radiculopathy of the right and left lower extremities, were denied. The effective dates for service connection awards for sciatic radiculopathy of the right and left lower extremities are granted.

The Board has remanded the case due to an error in obtaining private treatment records that may be relevant to establishing a connection between the Veteran's lumbar spine disorders and his military service.

The Veteran's service-connected disabilities, including major depressive disorder and lumbar strain with scoliosis, render him unable to secure or maintain a substantially gainful occupation.

The Board has decided to remand the Veteran's claim for service connection for a back condition due to procedural errors and the need for new opinions on the nature and etiology of his condition, as well as whether it was caused or aggravated by his service-connected right ankle and left shin splints.

The Board dismissed the appeals for service connection and effective dates in the AMA system due to procedural defects. The issues remain pending in the legacy review system.

The Veteran's claim for service connection for erectile dysfunction is denied as there is no current diagnosis of the condition and the evidence does not support a finding that it began during or approximate to the pendency of the claim.,The Veteran's PTSD rating is denied as his symptoms do not meet the criteria for a 70 percent disability rating, which requires occupational and social impairment with deficiencies in most areas.,The Veteran's claim for service connection for dizziness is remanded due to a duty-to-assist error related to the lack of an opinion on whether the condition is caused or aggravated by his hypertension.,The Veteran's claim for service connection for neck disability (claimed as neck pain) is remanded due to inadequate examination and opinion regarding the onset and etiology of the claimed condition, including consideration of a 2009 cervical spine diagnosis.,The Veteran's claim for increased rating for thoracolumbar spine degenerative arthritis is remanded due to inadequate examination and opinion regarding the extent of his pain symptomology.

The Veteran's appeal is being remanded for further development to assess the severity of his service-connected lumbosacral strain and intervertebral disc syndrome.

The Board has remanded several service connection claims due to insufficient evidence and the need for additional development. The Veteran's claims include left shoulder, cervical spine, ankle, knee, foot, thigh, and back conditions related to her military service.

The Board has remanded the claims of service connection for erectile dysfunction, bilateral eye disability, back disability, and left knee disability due to their relationship with service-connected conditions. The Veteran's failure to appear for VA examinations prevented a proper evaluation.

The Board has granted service connection for the Veteran's lumbar spine disability and bilateral lower extremity radiculopathy, but has remanded his claim for cervical spine disability due to insufficient evidence.

The Board has granted the Veteran's claims to reopen for obstructive sleep apnea, lumbar spine disability, and headache. Service connection is now established for these conditions.

The Veteran's appeal for TDIU and SMC is remanded due to the need for further development, including a review of her employment history since March 2018 and an extraschedular evaluation of whether her service-connected migraine headaches alone prevent her from obtaining or maintaining substantially gainful employment.

The Veteran's appeals for service connection for various foot, wrist, hip, and spine conditions have been withdrawn. The case is remanded for a new examination to determine the current severity of his cervical spine disability.

The Veteran's appeals for TDIU, increased ratings for lumbar strain and radiculopathy have been dismissed as withdrawn.