Back / lumbar spine decisions — 2023

The Board has remanded the case due to insufficient evidence regarding whether the Veteran needs regular aid and attendance or housebound status based on his service-connected disabilities. The Veteran will need a new VA examination to determine these requirements.

The Veteran's claims for increased ratings and TDIU were remanded by the Board. The case is now before the Board again.

The Veteran's claim for TDIU was denied prior to March 17, 2017 due to his service-connected orthopedic disabilities. From March 17, 2017, the Veteran has been granted a TDIU based solely on his service-connected orthopedic disabilities.,The Veteran is now eligible for SMC at the housebound rate since November 22, 2017 due to his combined rating of 100 percent and other service-connected disabilities independently ratable at 60 percent.

The Veteran's low back disability is granted as service-connected.,There is no evidence of a current right knee condition, and the claim for this issue is denied.,Similarly, there is no evidence of a current left knee condition, and the claim for this issue is also denied.

The Board has decided to remand the cases for additional development regarding service connection for thoracolumbar and cervical spine disorders.

The Veteran's claim for service connection for lumbosacral strain (low back pain) has been reopened. The claims for neck and back disabilities are remanded due to the need for a VA examination.

The Veteran's claims for increased ratings for left knee strain with patellofemoral pain syndrome and intervertebral disc syndrome with lumbosacral strain are remanded due to the need for additional examinations to assess the severity of his conditions.

The Board has remanded the case due to an inadequate VA examination, and a new one must be conducted to determine if the Veteran's back disability is related to her active-duty service.

The Board has decided to remand the issue of service connection for a low back disability due to insufficient evidence and potential procedural errors. The Veteran will have an opportunity to submit additional evidence.

The Veteran's claims for increased ratings and benefits related to his service-connected lumbosacral spine disability are being remanded due to the need for further examination and development of evidence.

The Board found no evidence that the Veteran's periodic limb movement disorder, right shoulder disability, left shoulder disability, eye disability, back disability, or right knee disability began during active service.,The Board determined there was insufficient evidence to establish a connection between any of these conditions and periods of ACDUTRA or INACDUTRA.

The Board has remanded the case due to a lack of an adequate rationale in the August 2020 VA addendum opinion regarding whether any diagnosed lumbar spine condition is proximately due to or aggravated by service-connected left hip trochanteric bursitis.

The Board has determined that the Veteran's claims for service connection for left ear mixed hearing loss, right ear sensorineural hearing loss, and back disability are remanded due to insufficient medical opinions regarding the etiology of these conditions.

The Veteran's claim for a TDIU was dismissed as moot because he has been in receipt of a total (100 percent) disability rating since February 26, 2016.

The claims for service connection have been reopened, but the issues remain remanded due to insufficient evidence regarding the relationship between the Veteran's conditions and her service or service-connected disabilities.

The Veteran's cervical spine degenerative disc disease and radiculopathy of the right upper extremity were granted a 30 percent disability rating from March 28, 2014.,Service connection for radiculopathy of the left upper extremity was also granted on March 28, 2014.

The Board has reopened the Veteran's claims for pinguecula, lower back disability, cervical disability, and headaches. These issues are remanded due to the need for a VA examination.

The Veteran's claim for tinnitus was denied in the April 2010 rating decision, and her claim for low back condition was reopened but remanded due to insufficient evidence.

The Board granted an effective date of June 13, 2011, for the award of service connection for left lower extremity radiculopathy. The claim for right lower extremity radiculopathy was denied as it did not manifest prior to January 8, 2013. A rating in excess of 40 percent for a back disability prior to March 26, 2014, and in excess of 60 percent thereafter, is denied. The claim for right lower extremity radiculopathy was granted with a rating of 20 percent effective July 18, 2013. Service connection for cardiovascular insufficiency was denied.

The Veteran's petition to reopen her claims for service connection for insomnia, bilateral pes planus, an acquired psychiatric disorder (including schizophrenia and anxiety), and thoracolumbar spine condition is granted.,An earlier effective date of May 2, 2016, but no earlier, for a disability rating of 20 percent for neuropathy of the left hand fourth webspace is granted.