Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for cervical spine and low back disabilities due to insufficient medical nexus opinions. The RO is instructed to obtain addendum opinions addressing the nature and etiology of these disabilities.

The Board has remanded the Veteran's claims for service connection for lumbar spine, left hip, right hip, and left shoulder disabilities due to insufficient evidence regarding their etiology.

The Veteran's cervical, lumbosacral, right knee, and left knee strains have been granted service connection.,A rating of 10 percent has been assigned for the Veteran's tinnitus.

The Veteran's disability rating for lumbar spine disability was reduced from 40% to 20%, effective August 23, 2018. The reduction was improper and the prior 40% rating is restored.

The Board has remanded the Veteran's claims for increased ratings for his cervical and lumbar spine disabilities, as well as his claim for SMC based on the need for regular aid and attendance due to service-connected disabilities. The AOJ must schedule a VA examination to assess the current severity of these conditions and determine if they result in the need for SMC.

The Veteran's service-connected lumbosacral strain and right knee disability are being remanded for further evaluation due to the significant period of time since his last examinations.

The Board has remanded the claims for an initial rating in excess of 10 percent for a low back disability, service connection for bilateral leg and foot disabilities, and TDIU due to failure to obtain VA examinations as directed by prior remands.

The Veteran's neck, back, and left ankle disabilities are being remanded for additional development due to non-compliance with prior remand directives. The radiculopathy claims are inextricably intertwined with the increased rating claims for these disabilities.

The Board has decided to remand the case due to the need for additional development, including obtaining a medical opinion regarding the nature and etiology of the Veteran's back disorder.

The Veteran's back disorder and neck disorder are being remanded for further evaluation, as the current evidence suggests a worsening of these conditions. The issue of SMC is also being remanded due to its connection with his back disability.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a back disability. Service connection is granted for OSA, but denied for a neck condition. The Veteran's PTSD is associated with his sleep apnea, which in turn may be related to obesity. The case is remanded for further development including obtaining an opinion on whether obesity is causally related to or aggravated by the service-connected conditions and for a VA examination to assess the current severity of the PTSD.

The Veteran's petition to reopen claims for cataracts, wrist condition, back condition, Hepatitis C, and periodontitis were granted. The issues of entitlement to service connection for a chronic back condition and Hepatitis C are now reopened.

The Board has remanded the claims for service connection due to a lack of consideration under the PACT Act, and also because further examinations are needed.

The Board has remanded the claims for service connection due to incomplete development and lack of VA medical opinions. The Veteran's lumbar spine disorder, bilateral lower extremity radiculopathy, and right shoulder disorder are still under review.

The Board has remanded the Veteran's service connection claims for low back, left shoulder, and headache disabilities due to a lack of documentation in the service treatment records (STRs) and no current diagnosis. The Veteran contends that he was treated for these conditions during service and currently suffers from them.

The Veteran's service connection claim for a chronic lumbar spine disability has been reopened due to the submission of new and relevant evidence. His lumbar spine arthritis is found to be related to his active service, and he is granted service connection. The initial rating for his cervical spine disability remains at 10 percent.

The Board has granted service connection for migraine headaches and denied service connection for right foot, right knee, and low back conditions. The decision is based on the Veteran's STRs showing complaints of these conditions during his military service.

The Board dismissed the appeal for increased rating of left knee arthritis prior to May 10, 2017. Effective dates were granted for service connection and evaluations for radiculopathy of the right and left lower extremities, as well as a surgical scar on the back.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for a back disorder is remanded due to pre-decisional duty to assist errors, including the failure to seek records of alleged assaults by VA personnel and the inadequacy of the VA examination opinion.

The Veteran's cervical spine disability is denied as it does not meet the criteria for a higher evaluation.,The Veteran's right upper extremity radiculopathy and left upper extremity radiculopathy are each granted with evaluations of 40 percent and 30 percent, respectively.