Back / lumbar spine decisions — 2023

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, and the Board has granted a TDIU on an extraschedular basis.

The Board has remanded the claims for service connection for low back, right foot, and left foot disabilities due to incomplete compliance with previous remand directives.

The Veteran's service-connected foot and back disabilities did not render him unable to secure or follow a substantially gainful occupation prior to January 1, 2016.

The Board has remanded the Veteran's claims for service connection for thoracic, cervical, and lumbar spine disabilities due to issues with VA's duty to assist in obtaining medical records and a lack of an adequate statement of reasons or bases. The Veteran is also requested to provide additional evidence regarding his back injuries during service.

The Board has remanded the claims for service connection due to incomplete development of evidence, including missing medical records and lack of examination opinions.

The Veteran's service-connected lumbar spine disability was restored to a rating of 40 percent. Service connection for obstructive sleep apnea, headaches, and degenerative disc disease were granted. Obesity was denied as a separate disability.

The Board has determined that the VA examinations and outstanding medical records have not been properly addressed, and thus these matters are being remanded for further development.

The Veteran's left knee disorder is granted service connection as it began during service and has continued since then.,Service connection for right shoulder, left shoulder, back, and neck disorders are denied as there is no evidence of in-service injury or disease.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's low back condition is related to service. The VA will need to provide an addendum opinion addressing this issue.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for left knee and lower back disabilities. The claim for left knee disability is remanded for a VA examination to determine if it was aggravated by active duty service, while the claim for lower back disability remains denied as no new and material evidence has been received.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, left ankle disorder, left foot disorder, low back disorder, and skin disorder. The reasons given were that there was no evidence of hearing loss within one year of discharge and that the current hearing loss is not related to military service or service-connected tinnitus.

The Board has granted a 40 percent evaluation for the Veteran's lumbar spine disability from June 1, 2018, to February 20, 2019, as the evidence did not show sustained improvement of the disability.

The Veteran's claims for increased ratings for her back disability and service connection for an acquired psychiatric disorder have been remanded multiple times. The case is being returned to the Board due to incomplete development, including missing examination notification letters.

The Board has granted a minimum 20 percent rating for the Veteran's service-connected back disability from June 1, 2012, to October 13, 2021. The decision also remanded cases regarding ratings in excess of 20 percent during earlier periods.

The Board has remanded the case due to a procedural issue with the form used for the Notice of Disagreement (NOD). The Veteran's claim will be returned to the RO for issuance of an SOC and for the Veteran to perfect her appeal.

The Board has remanded the Veteran's claims for an increased rating for osteoarthritis and degenerative disc disease of the lumbar spine and for a total disability rating due to individual unemployability. The AOJ must provide additional development as requested by the Board.

The Board has decided to remand the case due to inadequate development, specifically needing an addendum medical opinion regarding whether the Veteran's back disability is aggravated by his service-connected pilonidal cyst.

The Veteran's claim for service connection for narcolepsy was granted, while claims for sleep apnea, bilateral ankle condition, back condition, and pericarditis were denied. The claim for bilateral foot condition (claimed as peripheral neuropathy) was also denied.,Service connection was not established for any of the conditions due to lack of evidence linking them to service.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's lumbar spine disorder, which may be related to service or secondary to his service-connected bilateral knee disabilities.

The Veteran's service-connected bilateral pes planus, lumbar degenerative arthritis, and tinnitus disabilities combine to meet the schedular criteria for a TDIU beginning May 4, 2012.