Back / lumbar spine decisions — 2023

The appellant withdrew her appeals for all issues related to the grant of service connection and increased initial ratings for various nerve conditions. The Board dismissed these appeals as a result.

The Board has dismissed the appeals for service connection of thoracic spine degenerative joint disease, bilateral hearing loss disability, and headaches due to the appellant's withdrawal of his appeal.

The Veteran's former attorney, A.N., is owed some money for representing him. However, the amount of $13,236.56 awarded in past-due benefits is contested by the Veteran as unreasonable. The Board has decided to remand this issue due to a lack of presumed reasonableness given that A.N. was not represented until after the November 2019 decision.

The Veteran's claim for service connection for a back condition has been denied as there is no medical evidence showing a nexus between the Veteran's current back condition and his military service.,The Veteran's claim for service connection for a neck condition has been denied as there is no medical evidence showing a nexus between the Veteran's current neck condition and his military service.

The Veteran's service-connected disabilities, including lumbar disability, unspecified depressive disorder with anxious features, and various radiculopathies of the upper and lower extremities, as well as cervical spine disability, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on this finding.

The Veteran's appeals for higher initial evaluations of her DDD of the cervical spine, LUE radiculopathy, RUE radiculopathy, and nephrolithiasis are all considered. The Board has not fully addressed the issues related to service connection for tremors (LUE and RUE), as no NOD was submitted.

The Veteran's claims for increased ratings of his lumbar spine compression fracture with degenerative disc disease and hip disabilities are being remanded due to the need for additional development.,The Veteran's claims for compensable ratings for left hip limitation of extension, right hip limitation of extension, and left hip limitation of flexion are also being remanded.

The Veteran's claim for SMC based on aid and attendance is remanded due to the need for additional development, including obtaining outstanding treatment records and a VA medical opinion regarding his need for regular aid and attendance.

The Veteran's claim for service connection for spondylolisthesis of the lumbar spine with bilateral lumbar radiculopathy is granted. The issue of service connection for a bilateral foot disability is remanded.

The Veteran's claims for service connection for lumbar spine and right hip disabilities have been remanded due to the need for additional medical examination.,The earlier effective date claim for PTSD, bilateral hearing loss, tinnitus, urinary incontinence, and headaches has been withdrawn.

The Board has remanded the TDIU claim due to outstanding private treatment records and a need for updated information on the Veteran's work history since July 2007.

The Board has granted service connection for right foot, cervical spine, and lumbar spine disabilities. Service connection for sleep apnea was withdrawn by the appellant.

The Veteran withdrew the appeal of entitlement to service connection for a skin disorder.,Entitlement to service connection for neurofibromatosis, eye disorder, acquired mental disorder, breast cancer, edema, neck disorder, low back disorder, right hip disorder, left hip disorder, right knee disorder, left knee disorder, right ankle disorder, and left ankle disorder is denied.

The Veteran's claim for earlier effective dates for cervical strain, left upper extremity radiculopathy, right upper extremity radiculopathy, lumbosacral strain with degenerative arthritis and IVDS, left lower extremity radiculopathy (femoral nerve), and right lower extremity radiculopathy (femoral nerve) was denied. The effective dates for these conditions were not earlier than January 30, 2013.,The Veteran's claim for higher ratings for cervical strain with degenerative arthritis and IVDS, left upper extremity radiculopathy, right upper extremity radiculopathy, lumbosacral strain with degenerative arthritis and IVDS, left lower extremity radiculopathy (femoral nerve), and right lower extremity radiculopathy (femoral nerve) was also denied.

The Veteran's TDIU claim is granted with an effective date of February 9, 2009. The Board found that the Veteran was unable to secure and maintain substantially gainful employment due to his service-connected disabilities prior to February 29, 2012.

The Board has remanded the Veteran's claims for further development due to inadequate VA medical opinions. The appeals are now pending and will be reviewed again with new evidence.

The Board has remanded the Veteran's claims for service connection due to outstanding VA treatment records and incomplete medical opinions.

The Veteran's claims for service connection for tinnitus and a headache disability have been reopened, and the Board has granted these claims. The claim for an effective date prior to October 11, 2018 for lumbosacral strain with IVDS is also granted.,Service connection for tinnitus is established based on continuity of symptomatology since service.

The Board has remanded the Veteran's claims for diabetes mellitus and low back disability due to potential service connection based on exposure to herbicides, as well as a need for additional medical opinions regarding the etiology of his conditions.

The Veteran's service connection claims for acquired psychiatric disorder other than PTSD, to include paranoid schizophrenia, and a thoracolumbar spine condition are granted. The claim for service connection for PTSD is denied.