Back / lumbar spine decisions — 2023

The Board has remanded the claims for diabetes mellitus, left knee disorder, right knee disorder, and thoracolumbar spine disorder due to additional development being needed. The Veteran's diabetes mellitus is rated at 40 percent, but complications are also considered. For his knees and spine disorders, a VA examination is required to determine their etiology and severity.

The Veteran is granted a TDIU and SMC at the housebound rate due to service-connected disabilities.

The Veteran's claim for PTSD is granted as it meets the criteria for service connection.,The Veteran's claims for left knee, right foot plantar fasciitis, and left foot plantar fasciitis are remanded due to lack of sufficient evidence.

The Veteran's disability ratings for his left and right lower extremity disabilities were improperly reduced, and the VA has been ordered to restore the original ratings.,The Veteran's back disability was also remanded due to insufficient evidence of improvement.

The Board has remanded the claims for service connection for low back, right hip, and left hip disabilities as secondary to bilateral knee disabilities due to inadequate VA medical opinions.

The Board denied the Veteran's claim for service connection of a neck condition, finding that there was no in-service injury or disease related to her current disability and insufficient evidence of continuity of symptomatology post-service.

The Board has found that the VA examinations and opinions are inadequate for the purposes of determining service connection. The case is being remanded to obtain an adequate addendum opinion.

The Veteran's service-connected disabilities did not preclude him from securing and maintaining a substantially gainful occupation during the period on appeal.

The Board has granted the Veteran's petition to reopen his claim of service connection for a lumbar spine disability. The issues of service connection for cervical spine, right lower extremity neurological, left lower extremity neurological, and gastroesophageal conditions are remanded due to the need for additional medical opinions. Service connection for hypertension is also remanded.

The Board has remanded the claims of service connection for right hip condition, left hip condition, and degenerative arthritis lumbar spine due to insufficient credentialing documents provided by VA examiners.

The Board has determined that additional evidence is needed to fully and fairly consider the merits of the Veteran's claims, including for her PTSD, bilateral plantar fasciitis, left and right restless leg syndromes, low back disability, and right knee disability. The appeal will be remanded to allow for further development.

The Board has determined that the effective dates for increased ratings are not prior to October 31, 2016. The Veteran's claims for higher ratings and TDIU have been remanded due to inadequate medical opinions.

The Board has denied the Veteran's claims for service connection for a left testicle disorder, lumbar back disability, and respiratory ailment (emphysema). The decision also notes that new evidence submitted since the final denial is not considered material to reopen the claim of service connection for the left testicle disorder.

The Veteran's claims for a higher rating for his back disability and TDIU prior to September 19, 2018 are being remanded due to the need for additional development including obtaining updated treatment records and scheduling a VA examination.

The Veteran's claims for service connection have been remanded due to the need for additional evidence and examination. The issues include his lumbar spine, bilateral pes planus, knee, ankle, and psychiatric disabilities.

The Board has remanded the case to determine how much Federal income tax was withheld from the total amount of SSB pay awarded to the Veteran, in order to accurately recoup the VA disability compensation benefits.

Service connection is granted for PTSD, bilateral foot disability, and TBI. Service connection remains pending for cardiac disability, liver disability, spleen disability, lumbar spine disability, and right and left lower extremity radiculopathy.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional examinations. The issues include hypertension, peripheral neuropathy of various extremities, kidney condition, valvular heart disease, erectile dysfunction, cataracts, diabetes mellitus, GERD, stomach condition, asbestosis, ankle conditions, back disability, knee conditions, arthritis, right hip condition, and left hip condition.

The Veteran's lumbar spine disability is rated at 40 percent from September 30, 2008, to October 23, 2017, excluding a period of convalescence. The rating reflects the functional equivalent of favorable ankylosis of the thoracolumbar spine.

The Veteran's low back disability with radiculopathy to the bilateral knees is granted as service connected. The right knee, migraine, and right shoulder disabilities are remanded for further examination and opinion.