Back / lumbar spine decisions — 2023

The Veteran's claims for increased ratings for various orthopedic disabilities are being remanded due to the need for additional medical opinions regarding the functional impact of flare-ups during the period on appeal.

The Veteran's claims for increased ratings and TDIU have been dismissed due to the withdrawal of his representative. The Board has also remanded cases involving right and left knee disabilities, as well as a TDIU claim.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining a substantially gainful occupation.

The Board denied service connection for various skin disorders and spine and shoulder conditions, finding that the Veteran's claims were not supported by credible evidence of a nexus to service.

The Board has determined that the Veteran does not have current disabilities for which service connection is warranted, including low back disability, left shoulder dislocation, left knee disability, right knee disability, corneal abrasion of the left eye, erectile dysfunction, and headaches.,Service connection was denied for residuals of right index finger laceration and residuals of left upper thigh stab wound due to lack of current disabilities.

The Veteran withdrew his appeals for service connection for headaches and higher ratings for his service-connected skin disability and lumbar spine degenerative disc disease.

The Board has remanded the case due to an inadequate VA examination report that failed to elicit relevant information about the Veteran's back flare-ups and provided range of motion estimates during flare-ups.

The Board has determined that additional medical opinions are needed to address the relationship between the Veteran's current disabilities and her service-connected PTSD, as well as whether any of these conditions were caused or aggravated by her in-service exposure.

The Board has decided to remand the case due to inadequate VA examination opinions regarding the Veteran's low back disability. The Veteran's claim for service connection is now pending and will be reviewed again with a new opinion.

The Veteran's claims for service connection have been granted, but the issues are being remanded due to insufficient evidence.

The Board has decided to remand the claims for low back and left ankle disabilities due to scheduling issues with VA examinations. The Veteran is encouraged to attend the requested examinations.

The Board has remanded the claims for further development, including obtaining an addendum opinion from a VA examiner regarding whether the Veteran's low back disorder is aggravated by his service-connected bilateral hip and knee disabilities.

The Veteran's back disability was reduced from a 60 percent rating to a 40 percent rating effective March 1, 2018. The Board has now restored the 60 percent rating due to continued worsening of his condition.

The Board has remanded the claims for bilateral hearing loss, left knee condition, and low back condition due to new and material evidence having been received. The AOJ is instructed to obtain VA records from 1997 to 1998 and any non-VA treatment records. They are also asked to send the claim file to an audiologist for a delayed onset of hearing loss opinion and to another physician to provide opinions on service connection.

The Veteran's claims for increased ratings and earlier effective dates are being remanded due to the need for additional development, including VA examinations.

The Board denied service connection for a low back disability, finding that the evidence did not support a nexus to active service or secondary to a service-connected left knee disability. The examiner opined that any in-service injury had resolved by separation and that degenerative spine disease is a natural condition arising from normal wear and tear over time.

The Board granted a rating of 40 percent for the Veteran's lumbosacral spine disability, effective from February 1, 2017. The decision was based on forward flexion of no greater than 30 degrees and found that this condition approximated ankylosis.

The Board has remanded the Veteran's claims for increased evaluations and TDIU due to insufficient evidence of current employment status, failure to provide proper notice of examinations, and incomplete medical records. The Veteran is required to submit updated VA Form 21-8940 and undergo appropriate VA examinations.

The Veteran's service-connected disabilities prior to April 21, 2004 do not meet the schedular requirements for a total disability rating based on individual unemployability (TDIU). The Board also denied his claim for special monthly compensation (SMC) for aid and attendance prior to March 10, 2022.

The Veteran's service-connected disabilities render him unable to maintain substantially gainful employment, and the Board grants TDIU on an extraschedular basis.