Back / lumbar spine decisions — 2023

The Veteran's claim for increased ratings for his low back disability is being remanded due to the need for additional medical examination and evaluation.

The Board denied the Veteran's claim for service connection of a back disorder, finding no current diagnosis and thus not meeting the first element required for direct service connection.

The Veteran's claim for an increased rating of 20 percent disabling, but no higher, for thoracolumbar strain from September 2, 2010 is granted. The claims for a compensable rating for cervical strain prior to March 17, 2016 and for increased ratings in excess of 10 percent disabling from March 17, 2016 to June 8, 2021, and in excess of 20 percent disabling from June 9, 2021 onward are remanded. The claim for a total disability rating based on individual unemployability (TDIU) is also remanded.

The Board has decided to remand the Veteran's claims for hearing loss and low back disability due to potential relevant SSA records not being obtained.

The Veteran's service-connected psychiatric disorder and back disability have rendered him unable to secure or maintain substantially gainful employment, leading the Board to grant a total disability rating based on individual unemployability (TDIU).

The Board has remanded the claims of service connection for back, right hip, left hip, and respiratory conditions as secondary to bilateral knee disabilities due to insufficient medical opinions addressing whether the Veteran's gait change caused or aggravated her back and hip conditions. The claims will be returned for further development.

The Board has remanded the cases of service connection for a low back disability and tinnitus due to incomplete records and inadequate examination.

The Veteran's claim for a higher rating for his service-connected degenerative disc and joint disease of the lumbar spine is being remanded due to incomplete records. The VA needs to obtain VistA images associated with his chiropractic care.

The Board has remanded the claims for service connection for a neck condition, low back condition, and headaches due to insufficient evidence. The Veteran's claim for service connection for a neck condition is reopened.

The Board has remanded the Veteran's claims for increased ratings due to incomplete records from Dr. Kuntz, a private endocrinologist.

The Board has remanded the Veteran's claims of service connection for a lumbar spine disability, left shoulder disability, and bilateral knee disability due to insufficient medical evidence. The Veteran is entitled to a VA examination for each condition.

The Veteran's claim for a higher rating for his lumbar spine DJD is denied. The Board found that the evidence did not show limitation of forward flexion to 30 degrees or less, nor favorable ankylosis.

The Veteran's claims for an effective date earlier than December 1, 2006 for the grant of service connection for a low back disorder and an acquired psychiatric disorder were denied.,The Veteran was granted service connection for a low back disorder (40 percent) and an acquired psychiatric disorder (50 percent), both effective from December 1, 2006.

The Veteran's lumbosacral strain and degenerative disc disease of the lumbar spine are rated at 40 percent since August 24, 2019. The right lower extremity radiculopathy and left lower extremity radiculopathy associated with these conditions are each rated at 20 percent. A separate 20 percent rating is granted for left lung spontaneous pneumothorax. A 20 percent rating is also granted for chest wall scars. Prior to January 24, 2022, the Veteran's narcolepsy was rated at 10 percent; as of that date, it is rated at 20 percent.

The Board has decided to remand the Veteran's claims for service connection due to a lack of records from an emergency room visit during basic training. The VA is required to attempt to locate and secure these records.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and verification of stressors.

The Board has determined that there are potentially outstanding VA medical records and the Veteran should be given the opportunity to provide updated records. Additionally, he should undergo another examination for his sleep apnea, low back disability, right lower extremity shin splints, and left lower extremity shin splints claims.

The Board has remanded the case due to insufficient evidence and need for additional development, including new VA examinations and clarification of medical records.

The Board has remanded the Veteran's claims for service connection for neck, back, hernia, and carpal tunnel syndrome (left and right hands) due to incomplete records and lack of contemporaneous medical evidence. The AOJ is directed to obtain all relevant records, including service personnel records, and schedule a VA examination to determine if these conditions are related to the Veteran's military service.

The Board has determined that the remand is necessary to address issues related to service connection for lumbar spine disability and left lower extremity radiculopathy due to incomplete development in previous opinions.