Back / lumbar spine decisions — 2023

The claims for service connection of the Veteran's back disability, right knee disability, polyneuropathy of the left hand, and polyneuropathy of the right hand are being remanded due to new evidence received since previous decisions. The Board will seek medical opinions on the etiology of these conditions.

The Board has determined that additional development is needed for the Veteran's claims of service connection for a back disorder and a right knee disorder due to conflicting medical records and lack of VA examinations.

The Veteran withdrew his appeal for a rating in excess of 10 percent for a surgical scar of the lumbar spine.

The Board has denied an initial rating in excess of 10 percent for service-connected neck muscle strain and remanded the issue of entitlement to a higher rating for thoracolumbar scoliosis with degenerative changes and IVDS due to insufficient evidence.

The Veteran's tinnitus and left lower extremity radiculopathy are granted service connection. The Veteran is also granted a disability rating in excess of 10 percent for his right lower extremity radiculopathy, degenerative disc disease of the lumbar spine, and anxiety disorder.

The Board has remanded the Veteran's claims for bilateral hearing loss, right knee, left knee, cervical spine disorder, CFS, right fingers, left fingers, right hip, left hip, lumbar spine disorder, right wrist, left wrist, left leg, right shoulder, left lower extremity sciatic nerve disorder, burns of the right tibia/fibula, and GERD disorders due to incomplete service treatment records and lack of confirmation of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA).

The Board has remanded the Veteran's claims for a left hip disability and lumbar spine disability due to insufficient evidence in her service treatment records, requiring further development including obtaining an examination.

The Board has determined that remand is required for the Veteran's lumbar spine and left lower extremity radiculopathy claims due to inadequate medical opinions. The Veteran will need additional VA examinations to address his current disability status, functional loss during flare-ups, and whether his service-connected conditions have aggravated or caused his claimed disabilities.

The Board dismissed all the claims of entitlement as the appellant (through his authorized representative) requested to withdraw the appeal.

The Board has identified several issues for remand, including claims related to the Veteran's lumbar spine disability, right ankle disorder, sinusitis, and service connection for shoulder dislocation. The Veteran also requested a review of an August 2015 rating decision regarding her right shoulder condition.

The Veteran's degenerative disc disease L5-S1 and bilateral foraminal stenosis L5-S1 have been granted a 40% disability rating effective August 2, 2016.

The Veteran was found unable to secure and follow a substantially gainful occupation due to his service-connected disabilities prior to September 20, 2013.

The Veteran's claim for a higher rating for PTSD is being remanded.,The Veteran's claim for a higher rating for his lumbosacral spine strain is being remanded.,The Veteran's claim for a higher rating for GERD is being remanded.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to issues related to his lumbar spine disability, right lower extremity radiculopathy, and unemployability. The appeal is now pending again with the Board.

The Board has remanded the Veteran's claims for service connection for lumbar spine, right knee, and left knee disabilities due to inadequate VA medical opinions. The Veteran served in Vietnam and contends his current disabilities are related to combat injuries.

The Veteran's claims for service connection for mouth scars and back condition have been denied. The claim for service connection for jaw condition (TMJ) has been remanded due to the need for a more definitive opinion.

The Veteran's claims for service connection of various conditions, including lower back disorder, right shoulder disorder, right foot disorder, acquired psychiatric disorder (including PTSD and depression), COPD, hypertension, and sleep apnea have all been denied. The Board found that the evidence did not establish a causal relationship between these conditions and active service.

The Board has remanded the Veteran's claims for increased ratings for residuals of TBI, migraines, and low back strain due to unclear severity and missing VA treatment records. A new VA examination is needed to determine current symptomatology and severity.

The Veteran was awarded a 10% rating for DDD of the lumbosacral spine effective August 16, 2018. However, he did not receive proper notice of a scheduled VA examination in June 2000 and his service connection claim is still pending.

The Board denied the Veteran's claims of entitlement to service connection for various conditions, including bilateral hearing loss, tinnitus, hepatitis C, low back disability, neck disability, and gout. The evidence did not establish a direct relationship between these conditions and his active service.