Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for initial compensable ratings for his lumbar spine, right knee, and left knee disabilities due to inadequate VA examinations and outstanding private treatment records.

The Board has granted service connection for degenerative disc disease of the cervical spine and cervicogenic headaches as secondary to service-connected cervical spine disability, and has also granted TDIU based on the Veteran's multiple service-connected psychiatric and physical disabilities.

The Board has decided to remand the claim for lumbar spine disability as it is unclear when and during which period of ACDUTRA or INACDUTRA the appellant was injured and disabled. The originating agency needs to verify the dates and identify the periods of ACDUTRA/INACDUTRA where the appellant sustained injury and became disabled.

The Board has denied reopening of service connection for low back, right femur fracture residuals, and nausea disorders due to lack of new and material evidence.

The Board has remanded the claims of service connection for a bilateral knee disability, lumbar spine disability, and bilateral lower extremity neurologic disability due to inadequate opinions in the previous VA examinations.

The Board has granted service connection for a lower back disability and a left knee disability, finding that the Veteran's conditions are related to his active duty service.

The Board has found that the Veteran does not have currently diagnosed disabilities for which service connection can be granted, and thus remanded the case to obtain clarification on his neck disability.

The Board has remanded the claims for service connection for various conditions due to incomplete compliance with previous instructions and requests for verification of in-service stressors.

The Board has remanded the case for additional development due to conflicting medical opinions regarding the etiology of the Veteran's back disorder, heart disorder, and diabetes mellitus. The issues include seeking service connection for these conditions on a secondary basis.

The Veteran's TDIU claim is dismissed as moot because the award of a TDIU would not assist in attaining SMC at the housebound rate, which has already been granted.

The Board has remanded the cases for additional development due to inconsistencies in medical records and need for further examination. The Veteran's service connection claims for back disorder, left foot skin disorder, and right foot skin disorder are being reviewed.

The Veteran's CAD and hypertension are found to be related to his service-connected PTSD.,PTSD is not associated with the claimed conditions of tinnitus, migraine headaches, sleep disorder, right shoulder disability, left shoulder disability, diverticulitis, bilateral eye disability, low back disability, or bilateral hearing loss.

A 30 percent rating for asthma is granted, separate from a rating for service-connected obstructive sleep apnea (OSA). The appeals seeking reopening of a prior final denial of service connection for memory loss; service connection for fatigue, bilateral hearing loss, and hernia; increased ratings greater than 10 percent each for right knee strain with patellofemoral pain syndrome and residuals of right fifth metatarsal fracture; and an earlier effective date than May 23, 2018, for the grants of service connection for left and right knee strain with patellofemoral pain syndrome, lumbosacral strain, hypertension, tension headaches, right and left shoulder strain with glenohumeral joint instability, and asthma are dismissed.

The Veteran's appeal for a higher rating for bilateral hearing loss was denied. The appeal to restore the 40 percent rating for lumbosacral strain was granted, and the rating is restored effective February 1, 2019.

The Board has remanded the case for additional development due to inadequate opinions in prior VA examinations and a need for retrospective assessments of the Veteran's range of motion.

The Board has restored the service connection for a thoracolumbar spine disorder, effective September 1, 2017. The decision was based on direct service connection and not due to any presumption or new evidence.

The Veteran's cervical spine disability is granted as incurred in service.,Other claims for service connection are either remanded or reopened.

The Board has granted a 40 percent disability rating for the Veteran's service-connected lumbar spine, effective December 10, 2010.

The Board denied earlier effective dates for the awards of service connection for various disabilities, including right and left ankle, acne, left wrist, left knee, right knee, and low back disabilities. The appeal is remanded for further evaluation of current disability ratings.

The Veteran's appeal is being remanded for further development and examination, including a VA examination to determine the nature and etiology of his claimed low back disability. The right ankle issue remains pending as well. Additionally, the TDIU claim requires additional information about the Veteran's employment history.