Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's appeal to obtain medical nexus opinions regarding the etiology of his thoracolumbar spine disabilities, including spina bifida occulta. The AOJ must ensure that VA fulfills its duty to assist and obtain updated treatment records.

The Veteran's lumbar spine disability is granted with a 20 percent rating from February 24, 2017 to July 9, 2020. The remaining issues are remanded for further evaluation.

The Board has reopened the Veteran's claim for service connection of low back disability and granted a 10 percent rating for right finger/hand disability. The issue of service connection for bilateral hearing loss and tinnitus is no longer before the Board as they were previously granted. The TDIU claim remains pending.

The Board has remanded the case due to inadequate reasoning in a prior decision regarding the Veteran's lumbar spine disability.

The Veteran's claims for higher ratings and earlier effective dates are being remanded due to the inadequacy of a previous VA examination. The new examination must address whether the right hip disability is related to the lumbar spine disability, distinguish between intrinsic impairment from other causes, and determine the total duration of incapacitating episodes during the past 12 months.

The Veteran's appeal for an increased rating in excess of 20 percent for lumbar strain has been withdrawn.,The Veteran's claim for an increased rating in excess of 50 percent for PTSD prior to August 20, 2019 and in excess of 70 percent thereafter has been denied. The Board found that the Veteran's symptoms more closely approximated a 50 percent rating prior to August 20, 2019, and a 70 percent rating from August 20, 2019.,The Veteran's claim for TDIU on an extraschedular basis prior to August 20, 2019 is still pending.

The Veteran's claims for an increased rating for his service-connected chronic low back strain with degenerative disc disease and a TDIU prior to September 21, 2017 are being remanded due to the need for updated treatment records and a new VA examination. The outcome of these claims may impact the TDIU claim.

The Board has remanded the claims for a compensable rating for the right foot disability, service connection for bilateral hearing loss, and service connection for back, knee, ankle, and left foot conditions due to new evidence received after the November 2019 statement of the case.

The Veteran's service connection claim for a heart condition was denied, and his increased disability rating claim for degenerative disc disease of the lumbar spine was also denied.

The Veteran's service-connected disabilities, including PTSD, lumbar spine disability, and bilateral lower extremity radiculopathy, rendered him unable to secure or maintain a substantially gainful occupation from February 22, 2011 to January 31, 2012. The Board granted entitlement to a TDIU rating on an extraschedular basis for this period.

The Board has found that the claims for right knee, left knee, bilateral foot, indigestion (GERD and functional gastrointestinal disorder), and low back disabilities must be considered on their merits due to additional relevant service records being added after the initial denial. The case is remanded for further development.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the etiology of his claimed conditions, particularly related to exposure to harmful chemicals during military service. The claims are now pending and will be reviewed again with further examination.

The Board has remanded the Veteran's claims for service connection and increased ratings due to failure to comply with previous remand directives. The TBI claim requires a new VA examination, while the increased rating claims need rescheduling.

The Board has granted service connection for low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy as secondary to the Veteran's service-connected disabilities.

The Veteran's initial claim for a 20% disability rating for bilateral hearing loss has been granted. The claims of service connection for back disorder and right ankle disorder have been reopened, but denied due to lack of evidence showing a direct relationship between the disorders and active duty service.

The Board denied service connection for a low back disorder, finding that the Veteran's current condition is not related to his military service.

The Board has remanded the claims for migraine headaches, lumbosacral spine disability, and radiculopathy of the right lower extremity due to in-service exposure to environmental hazards. The Veteran's service connection claim is being remanded for additional development.

The Veteran's initial disability ratings for tinnitus, PTSD, and hypertension are denied. Service connection for a back disorder, tension headaches, and vertigo is also denied.,An initial disability rating in excess of 50 percent for PTSD is denied.

The Board denied the Veteran's claims of service connection for neck and right shoulder conditions, as well as his claim for a low back condition. The appeals were not reopened due to lack of new and material evidence.

The Board has remanded the case due to incomplete development, specifically regarding a VA examination that addressed evidence of lower extremity peripheral neuropathy and its relationship to service-connected lumbar strain.