Back / lumbar spine decisions — 2023

The Veteran's appeal for service connection for bilateral hearing loss is dismissed. The issue of service connection for pseudofolliculitis barbae has been remanded due to the need for additional evidence and a proper medical opinion.

The Board has remanded the claims for increased ratings for service-connected cervical and lumbar spine disabilities due to inadequate examinations in prior remands. The Veteran's TDIU claim is also remanded as it is intertwined with the rating issues.

The Board has remanded the cases for further evaluation due to conflicting opinions and new legal guidance from the Federal Circuit.

The Veteran's service-connected lumbosacral spine degenerative disc disease with bilateral radiculopathy results in loss of use of both lower extremities, and the Board has granted SMC for this condition. The Veteran also meets criteria for financial assistance for automobile or other conveyance and adaptive equipment.

The Veteran's lumbar spine strain and left lower extremity radiculopathy have been granted increased ratings, while the allergic rhinitis remains at a 10 percent rating throughout the claim period.

The Board has remanded the Veteran's claims for gastroesophageal reflux disorder, lumbosacral strain, and left knee disability due to incomplete records and inadequate examination reports. The Veteran will need to provide additional medical evidence.

The Board has determined that the appellant's claim for service connection for a lumbar spine disability is remanded due to incomplete records and the need for further examination. The case will be returned to the RO for additional development.

The Veteran's claim for service connection for a back disorder has been reopened and granted.,The Veteran is also granted a rating in excess of 10 percent for his right knee disability, but the case is remanded to obtain updated treatment records and conduct another examination.

The Board found that the Veteran's low back disorder did not have its onset during service and denied service connection.

The Veteran's disability ratings for his service-connected lumbar spine condition and bilateral lower extremity radiculopathy were restored to their previous levels, effective October 1, 2018.

The Board has remanded the claims for service connection for a low back condition and sleep apnea due to missing VA treatment records. The AOJ is required to upload all VA treatment records, including those from Dr. C.B., into the Veteran's claims file.

The Board has granted the Veteran's application to reopen his claim for service connection for an acquired psychiatric disability. The claims for bilateral hearing loss, tinnitus, neck disability, low back disability, right hip disability, heart disability, and residuals of strokes are remanded for additional development.

The Board has remanded the case due to inadequate examination and reliance on an irrelevant M21-1 provision. The Veteran's representative, VA General Counsel, and Court have requested a new examination and reconsideration of the rating criteria.

The Board has remanded the Veteran's claims for a higher rating for his low back disability, a separate rating for left lower extremity radiculopathy, and TDIU due to unemployability. The issues are inextricably intertwined.

The Veteran's low back condition, bilateral lower extremity radiculopathy, and kidney disability are all service-connected. The Board granted a 40 percent rating for the low back condition prior to December 21, 2022, and a 100 percent rating for loss of use of both feet from February 2, 2021, to December 21, 2022. The Veteran's kidney disability is rated at 60 percent or more.

The Board has remanded the claims for tinnitus, low back disability, and bilateral knee disability due to incomplete development of records. The Veteran's service connection claims are being reviewed again.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his service-connected lumbosacral strain and whether he has sciatica as a result of this condition.

The Board has granted service connection for the Veteran's lower back condition and major depressive disorder, finding that these conditions are at least as likely as not related to his active-duty service.

The Veteran's claims for right knee, respiratory, obstructive sleep apnea, skin cancer, migraine headache, lumbar spine, and right shoulder disabilities were denied. The claim for TDIU was also remanded.

The Veteran's claims for service connection have been reopened due to new and material evidence. Service connection is granted for the conditions listed, with presumptive exposure to herbicide agents.