Back / lumbar spine decisions — 2023

The Board has remanded the cases for further development due to issues related to lumbar spine disability, lower extremity radiculopathy, and TDIU. The Veteran's service-connected disabilities are being evaluated again, with a focus on addressing potential ameliorating effects of medication.

The Veteran's appeals for increased ratings for cervical spine arthritis, left knee limitation of flexion, and left knee limitation of extension have been dismissed. The appeal for service connection for a right knee disability has also been dismissed.,Service connection for GERD is granted as the Veteran's current diagnosis aligns with her reported onset in service. Service connection for lower back disability is granted based on continuity of symptomatology since service.

Service connection is granted for prostate cancer, which the Veteran contends was due to in-service gonorrhea. Service connection is denied for a back condition.,The Veteran's prostate cancer is service-connected as it is presumed to be related to his in-service treatment of gonorrhea. The back condition, however, does not meet the criteria for direct service connection.

The Veteran's low back and bilateral hip disorders are granted service connection as secondary to his service-connected bilateral ankle disorder. The acquired psychiatric disorder is granted initial ratings of 50%, 70% and denied for greater than 70%.

The Board has remanded the claims for a new VA examination to assess the severity of the Veteran's service-connected back disability and associated lower extremity radiculopathy, as well as her right ankle disability. The evaluations for the lower extremity radiculopathies must be adjudicated for the entire appeal period.

The Veteran's appeal is remanded due to the need for clarification regarding the severity of his service-connected lumbosacral strain and a new VA examination.

The Board has reopened the Veteran's claims for service connection for left wrist, right wrist, back, and headaches conditions due to presumed exposure to burn pits. The claims are remanded for additional development including VA medical opinions on etiology.

The Board has remanded the cases for further development and evaluation, including obtaining additional medical opinions regarding the Veteran's service-connected conditions and their relationship to VA treatment.

The Board has reopened the claims for service connection for low back disability, cervical dysplasia, post-traumatic stress disorder with depressive disorder, and plantar fasciitis of the bilateral feet. The Veteran's new evidence is sufficient to reopen these claims.

The Veteran's claim for a higher rating for his service-connected low back disability was denied. The Board found that the evidence did not support a finding of ankylosis or other severe functional impairment, and thus, he did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claims for service connection and increased ratings are remanded due to inadequate pre-decisional duty to assist errors in the March 2020 VA opinions.

The Board has remanded the case due to outstanding private treatment records at Big Lake Clinic and Lighthouse Chiropractic Health Center. The Veteran is asked to provide information about these facilities so that VA can obtain their records.

The Board has remanded the claims for a broken right zygomatic arch, missing tooth for VA compensation, an acquired psychiatric disorder (including depression, GAD, panic disorder, and/or PTSD), sleep disorder, facial scars, and back disability due to incomplete development of records.

The Board has remanded the case due to the need for further development regarding the Veteran's ability to work due to his service-connected disabilities, particularly ischemic heart disease.

The Veteran's appeal is being remanded due to the need for current VA examinations to assess the severity of his service-connected lumbar spine, bilateral knee and left ankle disabilities.

The Veteran is granted TDIU based on all service-connected disabilities from December 19, 2016, to December 19, 2022, and TDIU based on the left hip orthopedic disability alone since December 20, 2022.

The Veteran's service-connected disabilities have rendered her in need of the regular aid and attendance of another person, warranting special monthly compensation (SMC) based on the need for aid and attendance from June 9, 2017.

The Veteran's initial compensable rating for bilateral hearing loss since February 20, 2014, was denied. The issue of an increased initial rating for lumbar spine disorder and associated radiculopathy issues is remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Veteran's claim for an increased rating for left knee strain is dismissed.,Service connection granted for obstructive sleep apnea as secondary to service-connected left knee strain, and right knee disability and lumbar spine disability are also granted. Service connection for left ear hearing loss is granted.,A remand is ordered for a determination on the Veteran's claim of an increased rating for posttraumatic stress disorder (PTSD).