Back / lumbar spine decisions — 2023

The Board has denied service connection for a left hip disability, to include left hip trochanteric pain syndrome. The low back and left hand/thumb disabilities are remanded for further development.

The Veteran's claims for service connection on multiple conditions have been remanded due to procedural issues and the need for a Statement of the Case (SOC).

The Board has denied service connection for Traumatic Brain Injury (TBI) due to the lack of a current diagnosis. The cases for Neck Disability and Low Back Disability are remanded as the VA etiology opinions did not comply with the remand directives.

The Board has denied a rating in excess of 40 percent for lumbosacral strain with mild disc protrusion from August 28, 2014 to December 16, 2019. The claims for increased ratings for left and right lower extremity radiculopathy are remanded.

The Veteran's service connection claims for a lumbar spine disorder and right knee disorder have been reopened, and his PTSD claim has resulted in an increased rating to 70 percent effective February 24, 2020. The criteria for these conditions were met based on the evidence of record.

The Veteran's claim for an earlier effective date for the grant of service connection for lumbar strain was denied as there is no evidence of any informal or formal claims to the VA for a back disability prior to July 19, 2017.

The Board has reopened the claim for service connection for a lumbar spine disability but denied the claim on the merits. The Veteran's current diagnosis of a lumbar spine disability does not meet the criteria for service connection due to lack of in-service disease or injury, failure to show continuity of symptomatology, and absence of evidence linking the disability to service.

The Board has remanded the Veteran's claims for increased ratings for patellofemoral pain syndrome of both knees, lumbar disc herniation, radiculopathy of the upper extremities, and insomnia. The claims are being returned to the agency of original jurisdiction (AOJ) for further development.

The Board denied the Veteran's claim for service connection for lumbar spine degenerative disc disease, finding that there was no evidence of a nexus between his in-service lumbar strains and his current condition. The persuasive weight of the evidence supported this conclusion.

The Veteran's service-connected disabilities, including his lumbar spine and peripheral nerve conditions, require the regular aid and attendance of another person due to their effects on his ability to perform daily functions.

The Board has determined that additional evidence is needed to determine the nature and etiology of the Veteran's claimed disabilities, including his low back condition, neck condition, and shoulder condition. The claims are being remanded for further development.

The Board denied service connection for right shoulder, low back, and left knee conditions due to lack of evidence linking these disabilities to the Veteran's military service.

The Board has determined that the previous medical opinions are inadequate and requires a new opinion to determine if the Veteran's low back disorder is related to his military service, including his in-service duties and injury. The examiner must consider the Veteran's report of his in-service injuries and their potential impact on his current condition.

The Board has granted service connection for left shoulder disability, right shoulder disability, and low back disability. The decision is based on the Veteran's in-service complaints of shoulder pain and back pain, which have continued since service.

The Board has granted service connection for degenerative arthritis of the lumbar spine (low back disability) and chronic obstructive pulmonary disease (COPD). The decision is based on a finding that there is at least an equal balance of evidence regarding whether these conditions had their onset in service, with reasonable doubt resolved in favor of the Veteran.

The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine is granted for the period from March 2, 2012 to September 2, 2021. The claim for a rating in excess of 40 percent following September 2, 2021 is denied.

The Board has remanded the Veteran's claims for low back disability and acquired psychiatric disorder due to a failure to provide adequate notice of scheduled VA examinations.

The Veteran's claims for increased ratings are being remanded due to the need for additional retrospective opinions regarding functional loss and flare-ups of his scoliosis, right knee disability, and allergic rhinitis.

The Board has remanded the Veteran's claims of service connection for a back disability and migraine headaches due to inadequate examination opinions and the need for consideration of exposure during service in the Southwest Asia theater of operations.

The Board has remanded the Veteran's claims for a new VA examination to address pain complaints and range of motion limitations, as previous examinations were inadequate.