Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims of service connection for low back, left foot, right foot, left knee, and right knee disabilities due to the need for further medical examination and opinion regarding the nature and etiology of these conditions.

The Board has determined that the VA medical opinions regarding the Veteran's bilateral hip and lumbar spine disabilities are inadequate for purposes of adjudication. The secondary service connection opinions note an association between the Veteran's bilateral hip and lumbar spine disabilities, and his service-connected bilateral knee disabilities, but find no causative relationship has been established. The Board finds this to be conclusory as the examiner has provided no rationale to support these opinions. Moreover, the examiner did not provide an opinion as to whether the claimed bilateral hip and lumbar spine disabilities have been aggravated by the Veteran's service-connected bilateral knee disabilities. Therefore, remand is warranted for further VA medical opinions.

The Board has remanded the Veteran's claims due to incomplete information regarding his service stressors and other medical records. The Veteran will be provided another opportunity to provide authorization for additional treatment records, as well as requests for verification of alleged stressors.

The Board has decided to remand the case due to unclear periods of service and a need for a VA examination to determine if the Veteran's low back disorder is related to service.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, specifically for bilateral knee condition, bilateral hearing loss, and cervical spine condition. The Veteran's claim for back condition is also denied.,Service connection was denied for all issues due to lack of credible evidence supporting in-service incurrence or aggravation of the conditions.

The Veteran's claim for service connection of right knee, low back, neck, and right hip disorders is granted as new and material evidence has been received. The Board finds that the current right knee, right hip, low back, and/or neck disorders are related to his service-connected left ankle disability.

The Veteran's appeal for increased ratings for lumbosacral spondylosis and degenerative disc disease (DDD) of the lumbar spine, as well as right shoulder impingement syndrome with rotator cuff tendonitis, is being remanded due to inadequate addendum opinions from VA examiners.

The Veteran's appeal for an earlier effective date for PTSD, service connection for a lumbar spine disability as secondary to PTSD, and higher initial rating for PTSD have all been denied. The Board found that the evidence did not support granting any of these claims.

The Board has granted service connection for thoracolumbar degenerative arthritis and intervertebral disc disease, finding that the disability began during a period of active duty or active duty for training.

The Veteran's back strain with degenerative disc disease is rated at 40 percent effective June 29, 2015.

The Board has determined that the Veteran's right elbow disability and lumbar disability were not incurred in or aggravated by service. The case is being remanded to obtain verification of the Veteran's periods of service, including ACDUTRA and INACDUTRA, and to provide an addendum opinion regarding the aggravation of his lumbar disability during active duty.

The Board has remanded the Veteran's claims for additional development due to his failure to report for a VA examination and lack of service records in Iraq.

The Board has remanded the cases for additional development and examination, but did not make a final determination on any of the issues.

The reduction of the Veteran's disability rating from 40 percent to 20 percent for thoracolumbar strain was improper, and his petition to restore the 40 percent rating is granted.

The Veteran's right knee condition, bilateral pes planus, tinnitus, and low back condition with radiculopathy have been granted service connection.,Service connection for hearing loss is remanded.

The Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment from February 29, 2004 to March 17, 2005.,Effective from February 29, 2004 to March 17, 2005, the Veteran's TDIU was granted on an extraschedular basis.

The Veteran's lumbar spine disability is rated at 40% from October 31, 2019. The rating is based on the severity of his symptoms and range of motion.

The Veteran's back disability was aggravated by his service-connected right and left knee disabilities.,The Veteran's headache disability was caused by his service-connected tinnitus.

The Board has determined that additional examinations and medical opinions are needed to determine the current severity of the Veteran's service-connected conditions, as well as whether his sleep apnea is related to toxic exposure risk activities (TERAs) during service. The claims for higher evaluations and service connection are being remanded.

The Veteran's lumbar spine disability is rated at 20 percent, the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board found that his forward flexion was not less than 30 degrees or more favorable ankylosis of the entire thoracolumbar spine.