Back / lumbar spine decisions — 2023

The Board has decided to remand the Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 due to insufficient evidence regarding the relationship between his conditions and service, as well as potential additional disabilities caused by VA treatment.

The Board has granted service connection for the Veteran's back disability, finding that there is at least a balance of evidence to support the claim and resolving any doubt in favor of the Veteran.

The Board has remanded the claims for sleep apnea, lower back condition, and bilateral flat feet due to incomplete VA treatment records and the need for additional medical opinions.

The Board has remanded the claim due to new evidence associated with the file, and the case will be reviewed by the agency of original jurisdiction (AOJ).

The Board denied service connection for hyperthyroidism and a back condition as there is no current diagnosis of either condition.

The Veteran's PTSD is granted as service-connected. The appeals for lumbar spine disability, hepatitis C, and sleep disorder are dismissed.

The Veteran's service-connected thoracolumbar spine disorder and sciatic nerve radiculopathy of the left lower extremity have been granted increased disability ratings. The back disorder received a 40% rating from May 1, 2000 through March 30, 2008, with an additional 40% rating for the sciatic nerve radiculopathy starting June 4, 2021.

The Board has decided to remand the cases for further development due to inadequate evaluations of the Veteran's low back strain and COPD with OSA.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and failure to address all required elements in the prior remands. The issues of low back, cervical spine, right knee, left hip, and right hip disabilities are being reviewed again.

The Veteran's claim for service connection for a back disorder is reopened.,An effective date prior to June 23, 2017, for the grant of service connection for PTSD and DEA is denied.

The Board has remanded the Veteran's claims for lumbar spine degenerative arthritis and disc disease, left knee arthritis with history of meniscal tear, and right knee arthritis with history of meniscal tear due to inadequate VA examination reports. The Veteran is entitled to a new VA examination to determine the etiology of his disabilities.

The Board has granted service connection for right upper extremity radiculopathy and thoracolumbar spondylosis with right lower extremity radiculopathy, finding that these conditions are related to the Veteran's service-connected degenerative arthritis of the cervical spine stemming from a booby trap incident during his active service. The Board also found that the Veteran has other disabilities on his right side, including shoulder and hip pain, which may be related to his service or service-connected conditions.

The previously denied claims for TMJ and left knee disability are being reopened.,The previously denied claim for a back disability is being remanded.

The Board has decided to remand the case due to an intertwined claim for a lower back disorder, and it is recommended that the neurogenic bladder claim be reconsidered once the lower back issue is resolved.

The Veteran's lumbosacral strain is now rated at 20 percent effective from December 31, 2019. His tension headaches are also rated at 30 percent effective from the same date.

The Veteran's claim for service connection for degenerative arthritis and spinal stenosis, lumbosacral spine, with left lower extremity radiculopathy was denied as the evidence did not support a finding that these conditions began during service or were related to an in-service injury.,The Veteran's claim for service connection for his right ankle disability was remanded due to insufficient development.

The Veteran's claim for a higher rating for his back disability and TDIU was denied. The Board found that the evidence did not support an increased rating under DC 5237, as it did not meet the criteria for a higher rating based on limitation of motion. For TDIU, the combined schedular rating exceeded 70%, but the Veteran's employment status and education were considered in determining his unemployability.

The Veteran's claims for higher ratings for his service-connected back disability are remanded due to insufficient medical evidence and incomplete VA treatment records. A new examination is needed, and attempts should be made to obtain additional VA treatment records and Social Security Administration (SSA) records.

The Veteran's gastric disorder is granted as service connected, and the lumbar spine disorder claim is remanded for further development.

The Board has remanded the claims for a VA examination to assess the current severity of the Veteran's lumbar spine disability, and to provide retrospective opinions on the extent of functional loss during flare-ups or after repeated use over time.