Back / lumbar spine decisions — 2023

The Veteran's claims for increased ratings for residuals of fracture of vertebra and radiculopathy of the right lower extremity were denied. The Board found that the evidence did not support a higher rating based on current functional limitations.

The Veteran's claim for TDIU due to service-connected low back and depression disabilities is being remanded as there are conflicting employment history reports.

The Board has granted service connection for left elbow, right elbow, cervical spine, left wrist, right wrist, left knee, left ankle, and right ankle conditions all of which are related to in-service injuries.

The Board has remanded the Veteran's claims for low back disability, acquired psychiatric disorder (including depression and PTSD), gout, and obstructive sleep apnea due to potential theories of service connection not previously considered.,Additional evidence was submitted since the last SSOC, including VA treatment records from October 2020. The Board has also requested an addendum opinion on the nature and etiology of the Veteran's low back disability.

The Board has determined that the Veteran's low back disability may have pre-existed service and is seeking clarification on whether it was aggravated by service or if it is related to service. The case is being remanded for further evaluation.

The Board has remanded the cases for further development to obtain VA treatment records from before March 9, 2004.

The Board has decided to remand the Veteran's claim for a new VA medical opinion due to inadequate previous opinions.

The Board has remanded the case due to the need for clarification regarding ankylosis of the Veteran's lumbar spine and further evaluation of his service-connected lumbar spine degenerative arthritis with intervertebral disc syndrome.

The Board has remanded the case for a new VA medical opinion to determine if the Veteran experienced incapacitating episodes requiring bed rest prescribed by a doctor due to his low back condition, and to obtain private treatment records.

The Board has remanded the case due to issues with range of motion testing and a need for retrospective opinions regarding past functional impairment.

The Veteran's claims for service connection and higher ratings are being remanded due to the need for additional development, including obtaining SSA records and providing a clinical opinion regarding the etiology of his disabilities.

The Veteran's claim for service connection for bilateral hearing loss has been reopened and is granted. The VA examiner found that the Veteran's current disability raises a reasonable possibility of substantiating his claim.,The Veteran's claims for increased ratings for low back pain, PTSD, TBI with headaches and numbness of upper and lower extremities are remanded as there are no recent medical records to assess the severity of these conditions.,The Veteran's claims for service connection for right hip pain, eczema, and muscle/joint pain due to an undiagnosed illness are remanded as VA opinions are inadequate. Further development is needed to determine if his disabilities qualify under presumptive provisions or if they are related to service.,The Veteran's claim for service connection for right hip pain is remanded as the VA opinion of record was inadequate and did not address direct service connection, aggravation prong of secondary service connection, or provide a rationale based on medical literature.

The Veteran's lumbar spine degenerative disc disease with thoracic spine strain is denied an increased rating in excess of 40 percent.,For the period prior to March 17, 2023, the Veteran's cervical spine disability is denied an increased rating in excess of 20 percent. The right lower extremity radiculopathy is granted a 40 percent rating.

The Board has remanded several issues related to the Veteran's service connection claims, including skin cancer on the left side of his face, erectile dysfunction (ED), vertigo, non-Hodgkin's lymphoma, a lower back condition, and an overactive bladder. The claims are being remanded for additional development, including VA examinations.

The Board has remanded the issue of whether the appellant's character of discharge from his military service constitutes a bar to VA benefits, excluding health care benefits under Chapter 17. The appeal is pending and will be addressed in a separate decision.

The Board has remanded the case due to concerns about the veracity of the Veteran's lay reports and the need for a VA examination to assess the current severity of his back disability, including whether he suffers from any neurologic symptoms related thereto.

The Board has granted the Veteran's application to reopen his claim of entitlement to service connection for a back disability. The issues of service connection for neck, upper back, and/or shoulders disabilities; low back disability; right lower extremity radiculopathy secondary to a low back disability; and left lower extremity radiculopathy secondary to a low back disability are remanded for further development.

The Board has remanded the Veteran's claims of service connection for bilateral foot disability, tinnitus, and chronic lumbar spine pain due to a procedural error in recognizing his VA Form 10182 as a timely Notice of Disagreement (NOD).

The Board has decided to remand the cases for further development and medical opinions due to missing records, verification of service, and inadequacies in previous opinions.

The Board has determined that the current VA examination opinions are inadequate and remands the case for further development, including obtaining an addendum medical opinion to address whether the Veteran's low back disability is related to his service or one of his service-connected disabilities, with obesity as an intermediate step.