Back / lumbar spine decisions — 2023

The Board has remanded the claims for service connection for neck and back conditions due to insufficient evidence, including a need for VA examinations.

The Veteran's claim for service connection for degenerative disc disease of the cervical spine, claimed as chronic neck pain is granted. The claims for right and left upper extremity radiculopathy are remanded.

The Board has remanded the Veteran's claim for service connection for a low back disability due to new evidence submitted by the Veteran, which includes military personnel records and STRs showing treatment for low back pain during his reserve duty in Japan. The Board finds that the Veteran's current low back disability is related to his period of active duty for training (ACDUTRA) from February 16, 2013, to February 26, 2013.

The Veteran's claims for increased ratings for his service-connected bilateral lower extremity radiculopathies are being remanded due to the need for a contemporaneous VA examination.

The Veteran's claim for service connection for a low back disorder is being remanded due to the need for additional development and an updated VA opinion.

The Veteran's appeal of service connection for cough variant asthma was withdrawn, and the appeal is dismissed. The Board found in favor of granting service connection for a low back disability.

The Veteran's appeal for service connection for lymphoma was dismissed due to the Veteran withdrawing his appeal. The appeals for service connection for a low back disability, tinnitus, and an acquired psychiatric disorder are remanded.

The Board has remanded the claims for service connection for low back disability and right lower extremity radiculopathy due to insufficient evidence regarding qualifying periods of service. The Veteran needs to provide medical opinions on the nature, cause, and aggravation of these disabilities.

The Board has remanded the case for additional development, including obtaining VA and non-VA medical records and scheduling a VA examination to determine the severity of the service-connected back disability from April 1997 to April 19, 2018.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's current lower back disability is caused or aggravated by an injury during her Reserve period of service in 2011. The case will be returned for further development.

The Board denied service connection for a lumbar spine disability, finding that the Veteran's current condition did not have its onset during active service and is not otherwise related to an in-service injury.

The Board has remanded the claims for increased ratings for various knee, ankle, and lumbosacral spine disabilities due to incomplete medical records. The AOJ must obtain these records from private providers.

The Board granted a higher 40 percent rating for the Veteran's lumbar spine spondylolisthesis from May 19, 2023. The decision also denied entitlement to TDIU due to service-connected disabilities.

The Board has determined that additional medical opinions are needed to properly adjudicate the Veteran's claims for service connection for asthma and a low back disability due to inadequate previous opinions.

The Board denied the Veteran's claim of service connection for a back disability, finding that there was no evidence linking his current condition to active duty or ACDUTRA service. The Veteran's lay statements were considered but found insufficient to establish a nexus between his current condition and service.

The Veteran's claims for asthma, hypothyroidism, bilateral tinnitus, bilateral hearing loss, hypertension, migraine headaches, back disability, left knee strain, right knee strain, right knee recurrent subluxation, left knee recurrent subluxation, and right lower extremity radiculopathy were denied as the earliest effective date is December 19, 2016.,The Veteran's claims for asthma, hypothyroidism, bilateral tinnitus, bilateral hearing loss, hypertension, migraine headaches, back disability, left knee strain, right knee strain, right knee recurrent subluxation, left knee recurrent subluxation, and right lower extremity radiculopathy were denied as the earliest effective date is December 19, 2016.

The Veteran's claims for allergic rhinitis, back condition, gastrointestinal disorder, residuals of tuberculosis, sinusitis, and acquired psychiatric disorder are remanded due to the need for additional medical opinions.

The Veteran's disc bulges, thoracolumbar spine disability is currently rated as 10 percent disabling prior to October 16, 2022 and in excess of 20 percent thereafter. The Board finds the evidence does not support a higher rating.,The Veteran's cervical spine spondylosis disability is currently rated as 10 percent disabling from April 14, 2011 to June 17, 2021; 20 percent disabling from June 18, 2021 to October 15, 2022; and 30 percent thereafter. The Board finds the evidence does not support a higher rating.

The Board has granted the Veteran's petitions to reopen his claims for service connection for various conditions, but has remanded these cases due to the need for additional medical examinations and opinions.

The Veteran's claims for bilateral pes planus, low back disability, left knee pain, and right knee pain have been granted.,Service connection has been established for these conditions.