Back / lumbar spine decisions — 2023

The Board has remanded the case due to inextricably intertwined claims for increase of service-connected lumbar spine disability, sciatica, and right lower extremity radiculopathy. The effective date issue is also being addressed.

The Board has dismissed the appeal as both service-connected disabilities (right knee and back) have been granted in full.

The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation, and the Board has granted a TDIU based on this finding.

The Board has determined that the Veteran's low back disability is not related to service or secondary to his PTSD. The appeal for this issue is remanded.

The Board has remanded the claims for service connection due to incomplete records and need for further examination. The Veteran's service treatment records are sought, as well as an addendum opinion regarding his back disability.

The Veteran's tinnitus was granted service connection. The remaining issues were remanded for further examination and rating.

The Board has decided to remand the Veteran's appeals for additional development due to a worsening of his service-connected lower back disability and radiculopathy. The claims are being returned to the RO for further examination and consideration.

The Veteran's left hip condition is granted service connection as secondary to his service-connected lumbar spine degenerative arthritis. The skin conditions of the left and right calves are remanded for further examination and opinion.

The Veteran's claims for service connection were denied as there was no evidence of a qualifying chronic disability or other basis for service connection.

The Board has decided to remand the case due to insufficient development of evidence, including obtaining private treatment records and more legible copies of service treatment records. The Veteran's low back disability is being reviewed for its relationship to service, particularly any motor vehicle accident in service, as well as whether it is related to or aggravated by his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection for lumbosacral strain and residuals of a concussion due to new evidence provided by his representative. The case will be reassessed, including consideration of continuity of symptomatology.

The Board has remanded the Veteran's claims for additional development due to insufficient examination findings and treatment records. The appeals are now pending again.

The Board has remanded the service connection claims for back, right knee, and left hip disabilities due to insufficient evidence. The Veteran's claim for a temporary total disability rating is denied as he did not file within one year of the surgery.

The Veteran's service-connected disabilities, including cough-variant asthma, thoracolumbar scoliosis, left shoulder tendinitis with clavicle fracture, tinnitus, right and left carpal tunnel syndromes, residuals of otitis media, and left lower extremity radiculopathy, are rated at 70 percent combined from December 2, 2010. The Board has granted a TDIU rating based on these disabilities, but the issues of service connection for an acquired psychiatric disability, neurocognitive disorder, and erectile dysfunction remain unresolved.

The Veteran's claims for service connection have been reopened, but the issues of diabetes mellitus, type 2; bilateral eye disability; left knee disability (reopened); kidney disability; peripheral neuropathy of the upper and lower extremities; erectile dysfunction; prostate disability; and lower back disability are still pending. The Board has remanded these issues for further development.

The Board has granted service connection for right knee disorder, left knee disorder, low back disorder, and bilateral glaucoma.,Service connection is granted for the Veteran's current right knee, left knee, and low back disorders based on in-service injuries during Reserve component training (IDT).

The Veteran's service-connected back and left lower extremity disabilities do not meet the criteria for a TDIU as they are less than total, and his combined disability rating is insufficient to warrant extraschedular consideration.

The Veteran's appeals for Type II Diabetes Mellitus and Hypertension have been dismissed due to withdrawal. The remaining issues of PTSD, Erectile Dysfunction, Right Hip Disability, Left Hip Disability, Bilateral Retinopathy, and Lumbosacral Strain are remanded.

The Board has remanded the Veteran's claims for service connection for back disability, left knee injury, and right knee injury due to a lack of VA examinations. The AOJ is instructed to attempt scheduling the Veteran for additional VA examinations.

The Veteran's appeals for separate ratings for digestive conditions and earlier effective dates for SMC benefits were dismissed. The Board found that the Veteran is entitled to SMC (o) based on his service-connected disabilities, which require him to have aid and attendance. He also qualifies for SMC (r)(1).