Back / lumbar spine decisions — 2023

The Board has remanded several issues related to the Veteran's claims, including service connection for various conditions and evaluations. The additional evidence from VA will be reviewed by the AOJ.

The Veteran's back disability, including lumbar degenerative joint disease, arthritis, and intervertebral disc syndrome, is granted. Effective June 24, 2010, the Veteran receives special monthly compensation for aid and attendance due to Parkinson's Disease other than those contributing to loss of use of the lower extremities.

The Board has remanded the issues of entitlement to increased ratings for right knee scars, limitation of flexion, and limitation of extension prior to November 23, 2018 due to inadequate VA examination reports.

The Veteran's claim for increased ratings for lumbar retrolisthesis, myositis, and IVDS was denied. A rating of 10 percent for costochondritis is granted.

The Veteran's claims for earlier effective date and increased ratings for lumbosacral strain were denied. The Board found that the evidence did not meet the criteria for an earlier effective date prior to November 12, 2016, or for a rating in excess of 10 percent before July 11, 2022, and no medical records are available after this period.

The Board has decided to remand the case due to inadequate opinions regarding the Veteran's back disorder, specifically addressing a failed fusion with a fracture of the L1 vertebra at the site of pedicle screws associated with the October 2015 surgery. The examiner must provide specific opinions on carelessness, negligence, and unforeseeable events.

The Board has determined that additional evidence has been added to the record since the last review by the AOJ. The claims for service connection are being remanded for further consideration.

The Board has partially granted a 70 percent rating for major depressive disorder, but the Veteran's symptoms may warrant a higher evaluation. The VA must obtain and consider additional private treatment records related to his back and radiculopathy issues.

The Veteran's claims for service connection for low back and bilateral knee disorders are being remanded due to the need for additional medical examinations.

The Veteran's claim for a higher rating for his lumbar spine disability is being remanded due to the need for additional medical evidence and an updated VA examination.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss, tinnitus, a lumbar spine disability, a skin disability, and a respiratory disability due to inadequate medical opinions and missing STRs. The VA is directed to obtain any outstanding records and provide additional medical opinions as needed.

The Board has remanded the Veteran's claims for a higher rating for his low back strain and for TDIU due to service-connected disabilities. The Veteran needs to be provided with an updated VA examination to assess the current severity of his low back condition.

The Board has granted service connection for a low back disorder, a left arm disorder (other than left wrist arthritis), and a right wrist disorder. The conditions are deemed to have started during active military service.

The Board has decided that a VA examination is needed to determine the nature and etiology of the Veteran's claimed back disability, which may be related to service. The case is being remanded for this purpose.

The Veteran's claim for service connection for degenerative disc disease has been granted. The issue of secondary service connection for left leg condition and scars from surgery of the low back is remanded.

The Board has granted the appellant's claim for service connection for a gastrointestinal disability, to include constipation. The remaining issues are remanded for further development and consideration.

The Veteran's TDIU claim is granted, and the Board remanded several of his service-connected disability ratings for further development.

The Veteran's claim for an increased evaluation for his degenerative disc disease of the lumbar spine is denied as there is no evidence of ankylosis or functional equivalent thereof.

The Board has remanded the issues of service connection for low back disability, right shoulder disability, left shoulder disability, carpal tunnel syndrome in the right upper extremity, and carpal tunnel syndrome in the left upper extremity due to inadequate opinions from Dr. C.K.A.

The Board has remanded the Veteran's claims for service connection due to incomplete VA examinations and lack of consideration of his lay statements regarding continuity of symptoms.