Back / lumbar spine decisions — 2023

The Veteran's service-connected cervical and lumbar spine disabilities rendered him unable to obtain and maintain substantially gainful employment as of September 30, 2015.

The Board has remanded the Veteran's claims for higher ratings for degenerative disc disease (DDD) at L4/L5/S1 with intervertebral disc syndrome, radiculopathy of the left lower extremity, and residuals of the right foot status post-hammertoe correction due to new evidence and updated examinations.

The Veteran's claim for service connection for a lumbar spine disability has been reopened and granted. The Board found new and material evidence to support the reopening of his claim, but additional development is required as the VA examiner did not adequately address the nature and etiology of his lumbar spine disability.

The Board has decided to remand the Veteran's claims for a higher initial rating for his service-connected low back condition and migraines due to inadequate examinations and new evidence of worsening symptoms.

The Board has granted the Veteran's claims for service connection for cervical and lumbar spine disabilities, finding that her conditions began during active military service.

The Board has remanded the Veteran's claims for additional development due to inadequate VA examination reports and issues related to his service-connected lumbar and cervical spine disabilities, as well as his sleep disability and acquired psychiatric disability.

The Board has remanded the cases for further examination and adjudication due to inadequate reasons and bases in the previous decisions. The Veteran's service-connected lumbar spine and left ankle disabilities are being examined again, and his entitlement to TDIU is also being addressed.

The Veteran's service-connected lumbar degenerative disc disease alone is sufficient to preclude him from obtaining and maintaining substantially gainful employment, thus granting individual unemployability on an extraschedular basis effective November 21, 2019.

The Board has remanded the case due to inadequate VA examinations and the need for a new examination to assess the severity of the Veteran's low back disability, including during flare-ups and incapacitating episodes.

The Veteran's tinnitus was granted service connection. The Board found the evidence in equipoise as to whether his degenerative disease of the lumbar spine with a history of herniated nucleus pulposus, status post L4 and L5, S1 laminectomy and L4-L5 discectomy warranted an increased rating. His left and right lower extremity radiculopathy were remanded for further evaluation.

The Veteran's arthritis, heart disease, and prostate cancer with surgery are not service-connected due to lack of evidence linking these conditions to his military service.,COPD is also not service-connected as there was no herbicide exposure documented.

The Board has denied the Veteran's claims for service connection for eye disorders, left ankle disorders, lumbar spine disorders, and sciatica of the left lower extremity. The appeals are remanded for further examination to determine if a current acquired psychiatric disorder is related to service.

The Board has granted service connection for the Veteran's lumbar spine condition as secondary to his service-connected right knee disability.

The Veteran's lumbar spine disability, including anterolisthesis and lumbar strain, is not considered to be caused by VA hospital care or medical treatment.

The Veteran's claims for service connection have been reopened, but further development is needed to address the merits of his claims due to conflicting evidence and lack of definitive medical opinions.

The Veteran's claims for a compensable rating for hypertension and a rating in excess of 10 percent for a lumbar spine disability are denied due to failure to report for VA examinations. The claim for service connection for a psychiatric disorder is remanded as the record requires an opinion on whether it is related to service.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate compliance with the December 2022 Board remand. The case will be returned to the VA examiner for a retrospective opinion addressing the severity of his service-connected back disorder during the entire appeal period.

The Board has remanded the case due to an inadequate VA examination, and a new evaluation is needed for the Veteran's lumbosacral spine disability.

The Board has remanded the case for further development, including addressing earlier effective dates and initial ratings.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of chronic low back symptoms during or following service and rejecting the Veteran's assertions of in-service injury. The Board also found insufficient medical opinion to establish a nexus between current disability and service.