Back / lumbar spine decisions — 2023

The Veteran's appeals for increased ratings and reductions of disability ratings have been withdrawn, resulting in the dismissal of these claims.

The Board has remanded the cases for additional development due to insufficient objective data and lack of addressing ankylosis in previous examinations.

The Board has remanded the cases for further development and examination to determine if service connection can be established for a traumatic brain injury, bilateral hip condition, and back condition.

The Board has granted service connection for a left knee disability, finding that the Veteran's current condition is related to an in-service injury. Service connection was denied for a lumbar spine disability due to lack of evidence showing it was incurred or aggravated by service.

The Veteran's appeals for an increased rating for lumbosacral strain and TDIU have been withdrawn. The claims for service connection for right foot, left foot, cervical spine, left ankle, right knee, and left knee conditions have been granted.,These issues are being remanded due to the need for additional development.

The Board has remanded the cases for further development and opinion regarding the etiology of the Veteran's back disability and headaches, as the previous opinions were inadequate.

The Veteran's petition to reopen his service connection claim for a low back disability is granted. The Board finds that the evidence received since the August 2012 rating decision raises a reasonable possibility of substantiating the claim, and thus the claim is reopened. However, the issue of entitlement to service connection remains remanded due to insufficient medical opinion regarding the etiology of the Veteran's low back disability.

The Board has remanded the case for further development due to inadequate VA examination reports and the need for a retrospective medical examination regarding the severity of the Veteran's low back disability prior to August 8, 2020.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional development, including obtaining updated VA and private treatment records. The Board also found that a new examination is needed in several cases.

The Board has remanded the Veteran's claims for service connection for low back disability, left fifth metatarsal disability, and mass on upper back due to inadequate opinions in the VA examination reports. The Veteran will need additional examinations and medical opinions.

The Veteran's claim for an increased rating for lumbar spine degenerative arthritis was denied, and his TDIU claim was also denied.

The Board has remanded the Veteran's claims for vision loss, right elbow disorder, left elbow disorder, left knee disorder, right knee disorder, thoracolumbar spine disorder (arthritis to the entire joint system), obstructive sleep apnea, hypertension (claimed as Gulf War Syndrome), erectile dysfunction, and skin disorder due to new evidence added to his claims file.

The Veteran's service-connected back disability rendered him unable to obtain and maintain substantially gainful employment from February 13, 2013 to March 29, 2018. He was granted TDIU benefits for this period.

The Veteran's claims for increased ratings for lumbar spine and right knee disabilities are being remanded due to the need for additional medical opinions regarding range of motion during flare-ups.

The Board denied retroactive induction into a VR&E program for the reimbursement of education expenses incurred by the Veteran while pursuing a Master's degree in Accounting, finding that a Master's degree was not reasonably needed to achieve suitable employment.

The Veteran's PTSD, lumbar spondylosis, patellofemoral pain syndrome right knee, left shoulder pain, and right hand fracture reconstruction are all being remanded for further evaluation due to the need for new examinations.

The Veteran's claims for effective dates prior to November 30, 2017, for the awards of service connection for tinnitus, bilateral hearing loss, and lumbar strain are denied. The Board finds that remand is necessary due to lack of supporting evidence.

The Veteran's service-connected disabilities, including major depressive disorder, right and left knee conditions, hip and ankle arthritis, tinnitus, and other impairments, render him unable to secure or follow a substantially gainful occupation. The Board finds that the criteria for a TDIU are met.

The Veteran's claim for an increased evaluation for her service-connected lumbar degenerative disc and joint disease of sacroiliac is remanded due to the failure to provide proper notice for a VA examination, resulting in the Veteran not attending. The appeal will be returned to allow for further development.

The Board has remanded the Veteran's claims for sleep apnea, lumbosacral strain (claimed as low back condition), left hip strain with painful motion, left knee strain, lateral collateral ligament of the left ankle, flexion limitation of the left thigh, and extension limitation of the left thigh due to a lack of definitive evidence linking these conditions to service. The Veteran is required to undergo additional VA examinations for these claims.