Back / lumbar spine decisions — 2023

The Board has remanded the claims for low back disability, hypertension (previously claimed as high blood pressure), skin disability, and plantar fasciitis due to incomplete development of records.

The Veteran's appeal is remanded for further development to determine appropriate ratings and service connection for his claimed conditions.

The Board has remanded the Veteran's claims for increased disability ratings due to procedural errors and the need for additional medical opinions regarding the severity of his left shoulder, right hip, and lumbar spine disabilities.

The Board has granted service connection for tinnitus. The cases of bilateral hearing loss, chronic headaches, low back pain, lower left and right extremity radiculopathy, and a cervical spine disability are remanded due to the need for additional medical examinations and opinions.

The Board has denied the Veteran's claims for service connection for left shoulder, right shoulder, and lower back conditions due to a lack of evidence linking these conditions to his active service or any related disabilities.

The Veteran's appeal for an extension of a temporary total rating for convalescence beyond January 31, 2018 was denied. The Veteran also appealed for TDIU and it was granted.

The Veteran's service connection claims for bilateral pes planus, lumbar spine DDD, right and left lower extremity radiculopathy were denied. An earlier effective date for the grant of service connection for lumbar spine DDD was granted.

The Board has determined that the Veteran's current low back disability, including spinal stenosis, first manifested during active service and grants service connection for this condition.

The Veteran's low back disability is granted as secondary to his service-connected right knee arthritis and right tibia fracture residuals. His right knee degenerative arthritis with residuals of right tibia fracture and meniscal tear are remanded for further review.

The Board has remanded the Veteran's claims for service connection due to new evidence and additional examination. The issues include PTSD, a headache disability, and a low back disability.

The Veteran's appeals for increased ratings for neck and back disabilities have been dismissed due to the Veteran's withdrawal of his appeal.

The Board has remanded the case due to missing records from the U.S. Forest Service, and further attempts are needed to obtain these records.

The Board denied the Veteran's claims for service connection for PTSD and lumbosacral strain, finding no evidence linking these conditions to his military service.,For TDIU, the Board found that the Veteran did not meet the schedular requirements due to his combined disability rating of 20 percent. The issue remains relevant for SMC purposes.

The Veteran's claim for a higher disability rating for his service-connected thoracolumbar spine disability is remanded due to the need for an addendum medical opinion regarding whether his lumbar spine limitations constitute the functional equivalent of ankylosis, including during flare-ups and/or after repeated use over time.

The Board has remanded the Veteran's claims for low back disability, right ankle disability, prostate cancer residuals, gastrointestinal reflux disease (GERD), and cholecystectomy residuals due to further development being necessary. The AOJ is instructed to obtain SSA records, prepare an ILER, schedule a TERA examination if appropriate, and provide VA examinations and medical opinions as needed.

The Veteran's service-connected disabilities, including PTSD and multiple musculoskeletal conditions, do not meet the threshold for a schedular TDIU prior to February 3, 2021. The Board finds no reasonable possibility of unemployability due to his service-connected disabilities.

The Board has decided to remand the Veteran's claims for service connection for back and right hip disabilities due to incomplete records, including missing service medical and personnel records. The VA is required to obtain these records and provide an adequate medical opinion regarding the etiology of the claimed conditions.

The Veteran's claim for service connection for an acquired psychiatric disorder including PTSD was denied. The claims for increased ratings for lumbar and thoracic degenerative disc disease, as well as separate ratings for right and left lower extremity radiculopathy, were also denied.

The Board denied service connection for the Veteran's claimed bilateral lung condition, migraine headaches, hypertension, and acquired psychiatric disorder as there was no evidence of these conditions during his military service or a direct relationship to service. The back condition claim is granted.

The Board has remanded the claims for service connection for a low back condition and a respiratory condition due to insufficient evidence in the record. The VA is instructed to make additional efforts to obtain relevant records, including those from CBOC Viera prior to 2019, Ireland Army Community Hospital in Ft. Knox, Kentucky, and General Leonard Wood Hospital in Ft. Leonard Wood, Missouri.