Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for service connection for a back condition and respiratory condition due to potential exposure to burn pits during his service in Afghanistan. The Veteran is presumed to have been exposed to burn pits under the PACT Act, and VA must provide an examination and medical opinion regarding the nature and etiology of any current disabilities related to this exposure.

The Board denied service connection for a low back disorder, ruling out any chronicity or continuity of symptoms. The Veteran's current pain is not related to his active duty service.,Service connection was also denied for a left leg disorder as secondary to the service-connected back disorder. The VA examiner found no evidence of radiculopathy and noted that the Veteran had multiple risk factors for osteoarthritis, including obesity and alcohol use.,The Board denied service connection for a right ankle disorder as secondary to the service-connected left ankle disorder. The VA examiner concluded there was no evidence to support that the right ankle problem was primarily caused by the left ankle.

The Board has determined that the appellant's claims for service connection for an acquired psychiatric disorder, low back disorder, lung disorder, and nasal disorder are not supported by the evidence of record. The Board has also found that a remand is necessary to obtain medical opinions regarding the potential relationship between the appellant's nasal disorders and her period of active duty for training (ACDUTRA).

The Board has remanded several rating decisions and service connection claims due to the submission of additional VA examination and treatment records since April 2019. The Veteran is advised to submit a waiver for these records or have them considered by the AOJ.

The Board has remanded the Veteran's claims for low back disability, bilateral shoulder disability, and bilateral knee degenerative joint disease due to missing service treatment records. Further efforts should be made to obtain these records from his Army National Guard service.

The Board denied the Veteran's claim for service connection for a low back disability, finding no new and material evidence had been submitted since the April 1982 denial.

The Veteran's claims for increased ratings of bilateral hearing loss and headaches, as well as his claim for service connection for a back disorder, have been remanded by the Board due to additional development being required.

The Board has remanded the cases for additional development due to the need to obtain Social Security Administration (SSA) records. The Veteran's lumbar strain and PTSD service connection ratings are also being remanded.

The Veteran's right lower extremity radiculitis is granted a disability rating of 20 percent, effective January 14, 2016.

The Veteran's cervical strain and lumbosacral strain disabilities are being remanded for further examination to assess the severity of these conditions.

The Board has determined that additional development is necessary for the issues of increased evaluations and effective dates, as well as the TDIU claim. The case is REMANDED to allow for such development.

The Veteran's claim for service connection for bilateral hearing loss disability is denied, and the issue of a rating in excess of 10 percent for lumbosacral strain is remanded.

The Board has determined that additional VA treatment records need to be considered and a new supplemental statement of the case (SSOC) should be issued to address these claims.

The Veteran's claims for increased ratings and SMC based on aid and attendance are being remanded due to the need for additional development, including VA examinations.

The Board has reopened the claim for service connection for low back problems due to new and material evidence. The claim for service connection for sleep apnea is denied as there is no current diagnosis of sleep apnea in the record.

The Veteran's service-connected disabilities rendered her unable to secure and follow substantially gainful occupation since August 9, 2012.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical examinations and records.

The Board dismissed the issues of service connection for migraine headaches, respiratory conditions including sinusitis, and an increased rating for an inguinal hernia. The Board granted service connection for left ear hearing loss and remanded the issue of service connection for a thoracolumbar spine disorder.

The Board has decided to remand the Veteran's claims for an initial disability rating in excess of 10 percent for a right knee disability and an initial disability rating in excess of 20 percent prior to February 24, 2022, and in excess of 40 percent thereafter for a back disability due to inadequate VA examinations.

The Board has remanded the claims for service connection for a lumbar spine, cervical spine, and acquired psychiatric disorder. The right knee increased rating claim is also being remanded.,The Veteran's TDIU request is inextricably intertwined with these other claims.