Back / lumbar spine decisions — 2023

The Board has remanded the cases of cervical DDD and degenerative arthritis, as well as OSA, for further development to determine their etiology.

The Board has remanded the Veteran's claims for service connection due to potential Agent Orange exposure, and a TERA-specific examination is required. The examiner must consider total potential exposure through all applicable military deployments and the synergistic, combined effect of all toxic risk activities.

The Board has remanded the case due to lack of substantial compliance with remand directives, specifically regarding obtaining a retrospective medical opinion for the period from March 7, 2011 to April 17, 2017.

The Veteran's lumbar spine disability is granted as service-connected. The right shoulder, right foot, and left foot disabilities are remanded for further development.

The Board has remanded the Veteran's claims for service connection for osteochondral lesions of the left and right knees, as well as degenerative arthritis of the lumbar spine. The claims are being returned to VA for additional development.

The Board has remanded several issues related to service connection for various disabilities, including chronic gout, hearing loss, an acquired psychiatric disability (claimed as depression), diabetes mellitus, migraine headaches, a sleep disorder with insomnia, tinnitus, and a back disability. The reasons include the need to verify the appellant's claimed service, particularly whether he served in line of duty during any periods of active duty, ACDUTRA, or INACDUTRA.

The Board has remanded the Veteran's claims due to insufficient medical opinions and incomplete treatment records. The claims for service connection, higher evaluations, and separate evaluations are being returned for further development.

The Board has denied the Veteran's claims for service connection for neck disability, bilateral upper extremity neurological impairment, back disability, allergic rhinitis, acquired psychiatric disorder (including PTSD and/or an eating disorder), and cervical dysplasia with HPV. The reasons include lack of continuity of symptomatology since service, no evidence of in-service injury or disease related to these conditions, and the absence of positive nexus opinions.

The Veteran's claim for TDIU and DEA was granted effective December 1, 2003. The Board found that the Veteran met the schedular criteria for TDIU from this date.

The Board has remanded the claims for a low back disorder and an acquired psychiatric disorder due to issues with character of discharge and new evidence submission.

The Veteran's tinnitus and acquired psychiatric disorder, including major depressive disorder with secondary alcohol use disorder, are granted. Bilateral hearing loss and a back disability remain pending as they were remanded.

The Veteran's tinnitus is found to have begun during active service and thus service connection is granted.,Service connection for hypertension cannot be established as the evidence does not support a finding that it began or was aggravated by active duty, ACDUTRA, or INACDUTRA.

The Board has remanded the Veteran's claims for service connection for various conditions, including low back disorder, coronary artery disease, peripheral neuropathy of upper and lower extremities, and discoid lupus erythematosus. The claims are being returned to the AOJ for further development.,Specifically, the AOJ is instructed to verify whether the Veteran served at Anderson Air Force Base in Guam and if the USS Proteus was stationed there during his service period.

The Veteran's petition to reopen service connection for headaches has been granted. The Board has remanded the claims of increased ratings and earlier effective dates for his left shoulder disability.

The Board found that the AOJ properly discontinued a separate 10% evaluation for thoracic spine injury residuals, as it was not appropriate to have separate evaluations for these conditions. The decision is based on CUE in the July 2004 rating decision.

The Board has remanded the Veteran's claims of service connection for lumbosacral strain and an acquired psychiatric disability due to insufficient medical opinions regarding their etiology.

Your appeal has been dismissed as you have opted into the modernized review system.

The Veteran's depression is rated at 100 percent, and service connection for low back pain, sleep apnea, migraines are granted. The claim for an initial compensable disability rating for allergic rhinitis is denied.

The Board has restored the previously assigned disability ratings for cervical and thoracolumbar spine arthritis from 30% to 10%, finding that the reduction was improper due to inadequate examination reports.

The Veteran's lumbar spine disorder, spondylolysis, spondylolisthesis, and lumbar spondylosis with myelopathy, is granted an initial 50 percent rating since May 14, 2001. His right and left lower extremity radiculopathies are each granted initial 40 percent ratings since May 14, 2001.