Back / lumbar spine decisions — 2023

The Board has remanded the claims for GERD and low back disability due to insufficient medical opinions. The left and right knee disability increased rating claims are also remanded.

The Board has remanded the case due to inadequate reasoning regarding private opinions on scoliosis and its potential impact on the Veteran's back disability.

The Board has remanded the claims for GERD, lumbosacral sprain (claimed as lower back condition), and trapezius strain (resolved without residuals) due to insufficient development of evidence. The Veteran is advised that VA will make additional efforts to assist him in developing his claims, including scheduling telehealth examinations.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance of another person or being housebound due to her service-connected conditions has been remanded. The VA failed to provide adequate notice regarding the scheduled VA examination, which resulted in a denial of the claim. The Board is now required to ensure that proper notification was provided and that the Veteran's address is correctly recorded.

The Board has remanded the claims for service connection due to new evidence being added to the file, and the AOJ needs to review this evidence before making a decision.

Service connection is granted for right and left knee disabilities manifested by pain.,Service connection is also granted for lumbar spine degenerative arthritis.

The Veteran's service connection claims for back and neck disabilities have been granted.,The Veteran's claim for headaches remains pending and will be remanded.

The Veteran's claim for a higher rating for his lumbar spine disability was denied. A TDIU rating was granted from August 30, 2016, and SMC under 38 U.S.C. § 1114(s) was granted from December 4, 2020.

The Board has remanded the case due to insufficient evidence and outstanding records, including private treatment records and Social Security Administration (SSA) records. The AOJ is instructed to obtain an additional opinion on the combined effects of the appellant's service-connected disabilities and refer the TDIU claim for extraschedular consideration.

The Veteran's claims for increased evaluation of his service-connected degenerative disc disease, lumbar spine with IVDS and TDIU are remanded due to inadequate examination findings and the need for additional VA treatment records.

The Board has remanded the case due to insufficient medical records, particularly from 1990 and private treatment records. The Veteran's lumbar spine disability may be service-connected on a secondary basis.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful employment for the appeal period prior to May 15, 2017.

The Veteran's service-connected conditions do not preclude her from securing and maintaining substantially gainful employment, and the criteria for a TDIU are therefore denied. The initial rating for POTS is also denied.

The Veteran's appeals for earlier effective dates and increased ratings have been dismissed. The Board has also remanded the issues of entitlement to higher ratings, service connection for erectile dysfunction and bowel impairment, and a TDIU.

The Board found that the overpayment period was reduced to August 1, 2012, to March 31, 2015, and the amount of the overpayment was reduced from $34,975.25 to $12,126.48. The claim for a waiver of recovery of this overpayment debt is denied.

The Veteran's appeal with respect to bilateral hearing loss is dismissed. Service connection for low back disability, right hip disability, and left hip disability is granted. A 70 percent rating is assigned for unspecified depressive disorder from March 24, 2017, to October 11, 2019.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's cervical spine disorders, including status/post neck fusions and degenerative changes. The Veteran needs further medical examination and opinion.

The Board has remanded the cases due to incomplete development. The Veteran needs to provide any outstanding treatment records, and a VA examiner will be requested to determine if the current ankle and shoulder disorders are related to service.

The Board has determined that further development is needed for the Veteran's claims of increased ratings for lumbar spine disability, left and right lower extremity radiculopathy. The case will be remanded to obtain updated VA treatment records, conduct orthopedic and neurological examinations, and readjudicate the claims.

The Board has remanded the claims for service connection due to insufficient evidence and need for further examination. The Veteran's conditions are related to his exposure at Camp Lejeune, but a definitive link is needed.