Back / lumbar spine decisions — 2023

The Board has found the VA medical opinions obtained in connection with the May 2022 Board remand are inadequate and requires further development to determine the etiology of any diagnosed lumbar spine, foot, and migraine disabilities.

The Board has remanded the claim for a VA examination to determine if the Veteran's low back disability, including scoliosis, bulging disc, central canal narrowing, and degenerative disc disease, is related to service. The examiner must consider the Veteran's reports of in-service injury and post-service symptoms.

The Board has remanded the claims for service connection for low back disability, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity due to conflicting opinions regarding their etiology.

The Board has remanded the Veteran's claims for service connection for a back condition, neck condition, hypertension, and abdominal pain and nausea due to conflicting evidence regarding their etiology. The Veteran is requested to undergo examinations to determine if these conditions are related to her in-service injuries or other service-connected conditions.

The Board has vacated the August 2022 decision and remanded three issues: service connection for a bilateral shoulder disability, service connection for a lumbosacral spine condition, and entitlement to TDIU. The remaining issue of service connection for a prostate condition was granted.

The Veteran's increased evaluation for his back disability is denied, and he is granted a 40 percent rating each for right and left lower extremity radiculopathy. The Board also found that the criteria for TDIU were not met.

The appeal of the compensable rating for bilateral shin splints and earlier effective date for the grant of service connection for bilateral shin splints is dismissed.,The claim to reopen service connection for cervical spine disability is granted, but a higher rating remains denied.,The Veteran's urinary incontinence prior to September 6, 2018, does not warrant a compensable rating. From September 6, 2018, the current 40 percent rating is appropriate.,Restoration of a 40 percent rating for lumbar spine disability from July 31, 2014, to present is granted.,The Veteran's lumbar spine disability does not meet criteria for higher than 40 percent ratings at any point during the appeal period.

The Board has remanded the Veteran's claim for a total disability rating for compensation based on individual unemployability due to service-connected disabilities (TDIU) prior to April 11, 2014. The case is referred to the Director of Compensation Service for extraschedular consideration.

The Board has remanded the case for further development and readjudication, including consideration of new evidence submitted by the Veteran. The issues include a claim for an increased rating for back disability and a TDIU claim.

The Board has determined that the Veteran's claims for bilateral pes planus, right knee disability, and back disability need further development due to missing service treatment records and a lack of VA examinations.

The Board has granted service connection for a low back disability and bilateral lower extremity radiculopathy. Service connection for a mental health disorder (GAD and PTSD) is remanded due to the need for verification of in-service stressors.

The Board has granted service connection for a left knee disorder and a lumbar spine disorder, finding that these conditions are related to the Veteran's active military service. The appeals of other issues have been remanded.

The Veteran's service-connected low back disability was rated as noncompensable prior to September 26, 2011, and 10 percent disabling from September 26, 2011, through March 9, 2015. The Board denied a higher rating for the low back disability during this period.

The Board has remanded the Veteran's claims for service connection due to conflicting opinions regarding whether his PTSD caused or aggravated his tobacco use and obesity, which in turn may have contributed to his claimed disabilities. The case is being returned for further development.

The Veteran's hypertension is granted as a result of the PACT Act, and rated at 100% effective from the date of enactment of the law (2022).

The Board has found that the Veteran's scoliosis of the thoracolumbar spine with strain does not warrant a rating in excess of 10 percent. The cervical spine disability, degenerative disc disease, and radiculopathy issues are remanded for further examination and opinion.

The Board has remanded the case for additional development, including obtaining medical opinions and records. The issues of increased evaluations for low back strain with spondylosis and TDIU are being addressed.

The Board has dismissed the Veteran's claims for service connection for headaches, bilateral hearing loss, tinnitus, a back disability, and sleep apnea as these conditions were previously granted in an August 2018 rating decision.

The Board has determined that the 2014 VA examination was inadequate and remands for further action, including obtaining an addendum opinion regarding the etiology of the low back disorder.

The Board has remanded the Veteran's claims of service connection for lumbar spine disorder and left wrist/hand disorder due to insufficient medical opinions regarding their etiology.