Back / lumbar spine decisions — 2023

The Veteran's service-connected lumbar spine disability and hypertension led to his inability to secure or follow a substantially gainful occupation, which resulted in the grant of a TDIU effective February 7, 2005.

The Board has decided to remand the claims for service connection for lower back disorder, left lower extremity sciatica, and right ear hearing loss due to incomplete development of the record.

The Board denied the Veteran's claims for increased ratings for his low back disability and right knee instability, finding that there was no evidence of unfavorable ankylosis or incapacitating episodes meeting the criteria for higher ratings under the applicable rating schedule.

The Board has remanded the claims for entitlement to service connection for a right hip disability, lumbar spine disability, and erectile dysfunction due to incomplete VA medical opinions.

The Board denied service connection for a back disability, finding no evidence of chronicity or causation. The claim for service connection for an acquired psychiatric disorder (PTSD) with insomnia was dismissed as the grant of PTSD included separate sleep impairment/insomnia.

The Veteran's service connection claims for headaches, sleep disturbance, and fatigue are remanded due to the need for a TERA opinion.,The Veteran's service connection claims for back, left knee, right knee, and right ankle disabilities are remanded due to the need for an examination addressing both etiology and pathophysiology of the conditions.,The Veteran's service connection claim for a right foot disability (claimed as pes planus) is remanded due to the need for a TERA opinion.

Service connection for lumbar spine degenerative arthritis and sacroiliac joint osteoarthritis is granted on a presumptive basis. The Veteran's claim for TDIU from July 23, 2015, is denied as the evidence does not show he was prevented from securing or following substantially gainful employment due to service-connected disabilities.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's low back disability. The case will be reviewed again with a new examination and opinion.

The Board has remanded the Veteran's claims for service connection due to insufficient opinions regarding his claimed disabilities, particularly those related to secondary service connection. The Veteran is seeking service connection for various joint and foot disabilities on a secondary basis to his service-connected left knee disability.

The Board has determined that the Veteran's claims for service connection are remanded due to new and material evidence having been submitted, necessitating further development. The issues of service connection for bilateral hearing loss, tinnitus, PTSD, an esophageal condition, neurological impairment of the left lower extremity, neurological impairment of the right lower extremity, low back strain, left knee iliotibial band syndrome, and right knee iliotibial band syndrome are all remanded.

The Veteran's claims for service connection for left knee and back disabilities have been reopened, and the Board has determined that new and material evidence was received. The Board finds that there is at least an equipoise of evidence to support a finding that these conditions are related to service.

The Board has remanded the claims for service connection for OSA, lumbar spine disorder, and bilateral metatarsalgia due to insufficient evidence regarding their etiology.

The Board has remanded the cases for additional development due to insufficient medical opinions regarding the etiology of the Veteran's disabilities. The claims are not currently decided.

The Board has remanded several claims for service connection due to the addition of new evidence, including updated VA treatment records and VA examination reports. The Veteran is asked to provide authorization for VA to obtain her private treatment records.

The Board denied service connection for lumbar spine disorder, left hip disorder, right lower extremity disorder, and left lower extremity disorder. Service connection was granted for a headache disorder.

The Veteran's claim for a higher rating for his lumbar spine disability and right lower extremity radiculopathy was denied. The Veteran is currently rated at 10% for both conditions.

The Veteran's thoracolumbar spine disability is remanded for further evaluation to determine the appropriate rating.

The Board denied service connection for lower back, left leg sciatica, left ankle, and left heel/foot conditions as there was no evidence of a current disability related to service.

The Veteran's TDIU and DEA benefits were denied as his service-connected disabilities did not render him unemployable prior to June 29, 2013.

The Board denied the appellant's request for attorney fees because the June 2021 rating decision was the initial AOJ decision on the issues claimed in February 2021, and the appellant cannot charge fees for representation provided as to those issues.