Back / lumbar spine decisions — 2023

The Board denied service connection for various conditions, finding the character of discharge due to willful and persistent misconduct constitutes a bar to VA benefits.

The Veteran's application to reopen a previously denied claim for service connection for a back condition is granted. The Board finds that new and material evidence has been received, but the matter should be remanded for further development as a VA examination is needed to address the nature and etiology of his claimed back condition.

The Veteran's claim for nonservice-connected pension benefits and special monthly pension based on the need for regular aid and attendance (SMP-AA) is denied as he does not meet the requirements of being permanently and totally disabled due to nonservice-connected disabilities.

The Board has dismissed the Veteran's claims of service connection for various conditions, including migraine headaches, degenerative disc disease of the lumbar spine, obstructive sleep apnea, radiculopathy of the sciatic and femoral nerves of the left lower extremity, eczema, and chronic fatigue syndrome. The Veteran was granted service connection for migraine headaches.

The Board has remanded the Veteran's claim for increased ratings for his lumbar spine disability and TDIU. The issues of increased ratings are pending, while the issue of TDIU is inferred based on the Veteran's service-connected disabilities.

The Board has granted service connection for hypertension and denied service connection for diabetes, back condition, and bilateral shoulder condition. The decision is based on the evidence showing a history of elevated blood pressure during service that eventually led to hypertension.

The Board has determined that additional VA examinations are needed to assess the nature and etiology of the Veteran's claimed bilateral varicose veins, bilateral feet disability or pes planus, upper back disability, lower back disability, and left knee disability. The claims for service connection in these areas are being remanded.

The Veteran withdrew his appeals for the timeliness of the NOD to an August 2011 rating decision and service connection for a spinal tumor. The Board dismissed these claims as withdrawn by the Veteran.

The Board has decided that the Veteran's claims for increased ratings for hearing loss and lumbosacral strain, as well as his service connection claims for an acquired psychiatric disorder and headaches, require additional evidence due to the passage of time since their last examinations. The Veteran is also required to have a thorough search conducted for all Air National Guard service treatment records.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current back disability is related to her military service. The claim will be reviewed again with updated treatment records and a medical opinion.

The Board has remanded the cases for further development and medical guidance due to insufficient opinions regarding whether the Veteran's right foot and low back disabilities are related to service or a service-connected condition.

The Board has remanded the Veteran's claims for service connection due to new evidence received, and requests that clinical records from Parris Island, Beaufort Naval Hospital, and Camp Lejeune be obtained. Additionally, a VA medical opinion is needed regarding the low back disability, neck disability, cellulitis of the ankles, and orthopedic disability of the ankles.

The Board has granted service connection for the Veteran's lumbar spine disability, finding that it is at least as likely as not incurred in service. The Appellant is entitled to accrued benefits based on this decision.

The Board has granted service connection for lumbar spondylosis, finding that the Veteran's current diagnosis is shown to be chronic during his service and continued since then. The claim was reopened due to new evidence submitted by the Veteran.

The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment, but the increased evaluation for left lower extremity radiculopathy is denied.

The Board has remanded the Veteran's claims for service connection due to gaps in private treatment records and the need for additional examinations. The issues include back disability, upper left extremity neuropathy, lower left extremity neuropathy, erectile dysfunction, and sleep apnea.

The Veteran's back disability resulted in limited forward flexion of less than 30 degrees from February 14, 2014, to November 15, 2015, and January 1, 2016, to August 31, 2021.,From May 24, 2013, to February 13, 2014, and as of September 1, 2021, the Veteran's back disability did not meet criteria for a higher rating due to lack of unfavorable ankylosis or IVDS with incapacitating episodes.

The Veteran's lumbar spine DDD and chronic headache syndrome ratings have been restored to their original levels.,Effective February 23, 2013, the Veteran became eligible for Dependents' Educational Assistance (DEA).

The Board has remanded the claims due to insufficient medical opinions regarding the Veteran's lumbar strain and radiculopathy of the lower extremities.

The Board has reopened the Veteran's claims for service connection for sinusitis, bilateral foot disability, right ankle disability, left ankle disability, left little toe disability, lumbar spine disability, and allergic rhinitis. The evidence supports a link between these conditions and military service.