Back / lumbar spine decisions — 2023

The Board has remanded the issues of entitlement to higher ratings for major depressive disorder and back disability, as well as service connection for erectile dysfunction and urinary frequency. The Veteran's claims are pending further development.

The Board has remanded the cases for further examination and opinion regarding service connection for back disability, left lower extremity peripheral neuropathy, and right lower extremity peripheral neuropathy.

The Veteran's low back disability and bilateral lower extremity radiculopathy have been denied as the evidence does not meet the criteria for higher ratings under the applicable rating criteria.

The Board denied service connection for herpes, finding the evidence did not support a link to active service.,The Board remanded several other claims including tinea versicolor, broken and bitten off left middle finger, right side lower rib contusion residuals, right knee tendonitis, bilateral patellofemoral pain syndrome, left foot disability, back condition, left shoulder disability, irritable bowel syndrome, and respiratory disability.

The Veteran's claims for service connection have been granted, with effective dates ranging from March 16, 2001 to January 4, 2008. The conditions were related to his military service and the VA has assigned full ratings (100%) for all granted issues.

The Board denied service connection for a low back disorder, finding that the Veteran's current condition did not result from her military service and that any pre-existing condition was not aggravated by service.

The Board has remanded the Veteran's claims for service connection for a psychiatric disorder to include PTSD and depression, as well as his claim for service connection for a back disability due to insufficient evidence regarding the onset of these conditions during active duty.

The Board has granted service connection for the Veteran's right hip and back disorders, finding that there is at least a 50% likelihood that these conditions are related to his military service. The rating assigned will be determined after further examination.

The Board has remanded the cases for additional development due to lack of substantial compliance with prior remand directives. The Veteran's claims for an increased rating for service-connected lumbar spine disability and for entitlement to a TDIU are being deferred until further notice.

The Board has determined that additional development is needed for the Veteran's claims of entitlement to specially adapted housing, special home adaptation grant, and special monthly compensation based on the need for aid and attendance due to his service-connected disabilities. The Veteran will be scheduled for VA examinations to assess the severity and manifestations of his service-connected conditions.

The Veteran's claims for increased ratings, service connection, and TDIU are being remanded due to procedural issues.

The Veteran's service-connected disabilities prevented him from securing and maintaining substantially gainful employment prior to November 21, 2012. Effective November 21, 2012, the evidence shows that he is unable to secure or follow a substantially gainful occupation due to his service-connected conditions.

The Board has remanded the Veteran's claims for service connection for various conditions due to an error in docketing his appeal under the Appeals Modernization Act (AMA). The Veteran must now file a Statement of the Case and submit a VA Form 9 if he wishes to continue with his appeals.

The Board has granted service connection for a thoracolumbar spine disability, but denied service connection for menstrual disorders.,Most of the Veteran's claims are remanded due to incomplete information about her periods of active duty for training (ACDUTRA) and inactive duty for training (INACDURA).

The Veteran's service-connected disabilities rendered him unable to secure and maintain substantially gainful employment from July 25, 2011 to October 3, 2018. The Board found the evidence in equipoise as to whether he was unemployable due to his service-connected conditions.

The Veteran's low back disability is granted as secondary to her service-connected right knee disability. A rating in excess of 10 percent for the right knee instability and a TDIU prior to April 30, 2020 are remanded.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to insufficient development of his medical records and examination reports.

The Veteran's claims for higher ratings for his bilateral knees and back are being remanded due to the need to obtain Reserve service records, which may assist in substantiating these claims. The AOJ also granted additional service connection for left knee limitation of extension, right knee limitation of extension, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The Board has determined that the Veteran does not have a current diagnosis of any of the claimed conditions, including bilateral eye disability, vertigo, depression, anxiety, lumbar spine disability, bilateral hearing loss, and tinnitus. As such, service connection for these conditions is denied.,The Board also found that there was insufficient evidence to establish a link between the Veteran's in-service complaints or symptoms and his current disabilities.

The Veteran's claims for higher ratings for her migraine headaches, cervical spine condition, right shoulder arthroscopic bursectomy, and right upper extremity radiculopathy are being remanded due to the need for additional examinations.