Back / lumbar spine decisions — 2023

The Board has remanded the claims for additional VA examinations to determine if the Veteran's fatigue, skin symptoms, muscle or joint pain (other than fibromyalgia), sleep difficulties, gastrointestinal symptoms, and/or back disability are secondary to service-connected disabilities with obesity as an intermediate step.

The Board has remanded the Veteran's claims for service connection for a low back disability and an acquired psychiatric disorder due to insufficient evidence in some areas, including treatment records and opinions on causation.

The Board has remanded the Veteran's claims for cervical spine, right ankle, eye, and respiratory conditions due to insufficient medical opinions.,Flu residuals are also being remanded as there is uncertainty about whether they are separate from service-connected TBI residuals.

The Veteran's low back disability, left ear hearing loss, right ear hearing loss, PTSD, and hernia are granted. The Veteran is also granted higher ratings for PTSD and hernia from specific dates. Other conditions are remanded.

The Veteran's claims for bilateral hearing loss, tinnitus, left knee disability, and low back disability have been granted. The claim for an acquired psychiatric disability is remanded due to insufficient evidence.

The application to reopen the claim for service connection for a back disability is denied.,The application to reopen the previously denied claim of service connection for a left knee disability is granted, and the case is remanded for further examination and opinion regarding the current left knee disability.,Reconsideration of the previously denied claim of service connection for sinus disability (claimed as hay fever) is granted, and the case is remanded for further examination and opinion regarding the current sinus disability.

The Veteran's claims for higher ratings for diabetic retinopathy, PTSD, and lumbar spine disability were denied. The Board found that the Veteran did not meet the criteria for a rating in excess of 50 percent for diabetic retinopathy due to lack of incapacitating episodes under the revised criteria. For PTSD and lumbar spine disability, the Board noted that there was no evidence of at least 7 incapacitating episodes during the past 12 months.

The Veteran's lumbar spine disability is granted a 40% rating prior to January 6, 2021. The other claims for TBI, headache disorder, and stressor related disorder are denied.

The Board has remanded the issues of service connection for left knee, back, and right leg disabilities due to new evidence submitted by the Veteran. The claims are being reviewed again as they may be substantiated.

The Board denied the Veteran's claims for service connection for a cervical spine disability and congenital Thornwaldt cyst, finding no causal relationship between these conditions and his military service.

The Board has remanded the Veteran's claims for a compensable rating for lumbosacral spondylosis and service connection for left knee condition, to include iliotibial band syndrome due to inadequate development of evidence.

The Board has remanded the case due to inadequate medical examination and further development is needed.

The Board has remanded the Veteran's claims for service connection due to missing service personnel records (SPRs). The claims will be reconsidered after obtaining the SPRs and additional medical opinions are provided.

The Veteran's claims for service connection for a right foot condition, low back condition, cervical spondylosis, and schizoaffective disorder have been reopened. The claim for the right foot condition is denied, while the claims for the low back condition, cervical spondylosis, and schizoaffective disorder are remanded.,The Veteran's claims for service connection for a right foot condition, low back condition, cervical spondylosis, and schizoaffective disorder have been reopened. The claim for the right foot condition is denied, while the claims for the low back condition, cervical spondylosis, and schizoaffective disorder are remanded.

The Veteran's appeal is remanded due to the inextricability of the TDIU claim and DEA benefits issue. The TDIU claim will be resolved first, then the effective date for DEA benefits will be determined.

The Board has granted service connection for degenerative arthritis and degenerative disc disease other than IVDS of the back, osteoarthritis of the right shoulder, and osteoarthritis of the left shoulder. The decision is based on evidence showing that these conditions are at least as likely as not related to the Veteran's military service.

The Board denied earlier effective dates for service connection of migraines, cervical spine disability, PTSD, lumbar spine disability, bilateral pes planus and plantar fasciitis, GERD, allergic rhinitis, tinnitus, and pseudofolliculitis barbae (PFB).

The Board has remanded the Veteran's claim for service connection for a lumbar spine disability, to include as secondary to a service-connected right knee disability due to lack of substantial compliance with previous remand directives and the need for an addendum medical opinion.

The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 and TDIU due to incomplete records, including a myelogram procedure performed in August 1975. The VA must obtain an addendum opinion from the examiner who provided the January 2023 examination and opinion.

The Board has remanded the Veteran's claims for service connection for left knee disability, hypertension, and lower back disability due to inadequate VA examinations and lack of supporting medical records.