Back / lumbar spine decisions — 2023

The Veteran's service-connected lumbar spine degenerative arthritis and degenerative disc disease have prevented him from engaging in substantially gainful employment since October 7, 2009. The Board has granted an effective date of October 7, 2009 for his total disability rating based on individual unemployability (TDIU).

The Board has remanded the Veteran's claims for service connection due to his toxic exposure at Camp Lejeune, as these conditions are not eligible for presumptive service connection based on service at Camp Lejeune. The Veteran is entitled to a new TERA examination to determine if there is an association between his claimed conditions and his toxic exposure risk activity.

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

The Board has remanded the Veteran's claims for service connection for lumbar spine disability and left lower extremity radiculopathy due to incomplete evidence, including a lack of VA treatment records since January 2020. The Board also requested updated non-VA employment physical examination records from Los Angeles Fire Department (LAFD). A supplemental opinion is needed based on consideration of the Veteran's lay statements and post-service treatment.

The Veteran's claim for a rating in excess of 10 percent for a lumbar spine disability has been denied. The evidence does not meet the criteria for a higher rating based on limitation of motion or other functional impairment.

The Board has determined that the Veteran's low back degenerative disc disease with spondylosis is related to his military service and grants service connection for this condition.

The Board has vacated the August 2022 decision and remanded three issues: service connection for bilateral shoulder disability, service connection for lumbosacral spine condition, and entitlement to TDIU.

The Board has remanded the Veteran's claims for service connection for back, left leg, right leg, and left arm conditions due to insufficient compliance with prior Board remand instructions. The case will be returned for new opinions that comply with the March 2022 Board decision.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that the evidence did not support a conclusion that he was unable to secure and follow a substantially gainful occupation.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's back disability is related to service, specifically during a period of ACDUTRA or INACDUTRA. The Veteran needs to provide updated VA Forms 4142 and 4142a for private treatment records, and a new VA examination is required.

The Veteran's topical medications and back brace used during 2016 caused damage to his clothing, leading to the grant of clothing allowances for these items.

The Board has remanded the Veteran's claims for service connection due to incomplete compliance with previous remand directives regarding radiation exposure. The case is being returned to the Jackson Regional Office for further action.

The Board has remanded the Veteran's claims for service connection for a back disability, right ankle disability, right knee disability, and left knee disability due to incomplete development.

The Veteran's appeal for increased ratings for peripheral neuropathy and radiculopathy of the lower extremities has been remanded multiple times. The VA clinician provided an opinion but did not specify when in 2008 the symptoms began.

The Board dismissed the Veteran's appeals for higher initial ratings for lumbar spinal stenosis and radiculopathy of both lower extremities. The Veteran was granted separate initial 40 percent ratings for each leg.

The Board has determined that additional development is needed for the issues of increased evaluations for cervical spine disability and radiculopathy. The Veteran will need to undergo new medical examinations, including an orthopedic examination, to determine the current severity of his service-connected conditions.

The Veteran's claim for an increased disability evaluation in excess of 40 percent for lumbosacral strain with degenerative joint disease was denied.

The Board denied service connection for various disabilities, including headaches, shoulder, hand, arm, and psychiatric conditions. The decision concluded that the injuries sustained in a 2004 motor vehicle accident were not incurred in the line of duty due to the Veteran's willful misconduct.

The Board denied the Veteran's claims for service connection for a lumbar spine disability and degenerative arthritis, finding no evidence of in-service injury or disease that led to these conditions. The Board also found no secondary service connection due to diabetes mellitus.

The Board has remanded the claims for low back disorder, migraine headache disorder, Gulf War Syndrome or undiagnosed illness (chronic fatigue syndrome), and chronic fatigue syndrome due to incomplete medical opinions. The AOJ must obtain a new addendum from a qualified examiner addressing these issues.