Back / lumbar spine decisions — 2023

The Board has decided that the Veteran's claim for an increased rating for her lumbar spine disability must be remanded due to new evidence being added to the record since the last statement of the case.

The Veteran's lumbar spine and right knee disabilities are being remanded for further evaluation due to the lack of recent medical records and a need for clarification on the etiology of her diagnosed conditions. The TDIU claim is also being remanded as it is inextricably intertwined with the other issues.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for a Decision Review Officer hearing.

The Veteran's claims for an evaluation in excess of 40 percent for lumbar strain and service connection for bruxism have been dismissed. The Board has remanded the issues of service connection for TMJ, residuals for a spinal injury other than lumbar, spinal bone spurring (secondary to lumbar strain and/or spinal injury), and a change in diagnosis/nomenclature from anxiety disorder NOS with insomnia to PTSD.

The Veteran's right hip, left hip and lumbosacral spine disabilities are granted service connection. His hypertension is also granted as secondary to PTSD. Sleep apnea is also granted as secondary to PTSD.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation consistent with his education and work history.

The Veteran's service-connected musculoskeletal conditions have prevented him from obtaining and maintaining gainful employment since September 30, 2016. The Board has granted TDIU for this period.

The Board has determined that the Veteran should be afforded new VA examinations to assess his service-connected back disability, sciatica, respiratory disorder other than obstructive sleep apnea or rhinitis (claimed as bronchitis), and Meniere's Syndrome. The claims are being remanded for these evaluations.

The Board denied service connection for both the low back and left ankle injuries, finding that there was no evidence of a current disability or relationship to service.

The Board has remanded the case due to incomplete records and the need for further medical opinions regarding the Veteran's service connection claims, as well as his death certificate.

The Veteran's appeal is remanded for additional development to address his claims of lumbosacral strain, hypertension, and a foot disability.

The Board has remanded the case for additional development to address functional impairment caused by flare-ups and to determine if the Veteran is unemployable due to his disabilities.

The Board has remanded the case due to the need for a VA examination and additional development of private treatment records.

The Board has determined that the VA examinations and decisions need to be reviewed again, as per previous remand directives. The Veteran's claims for various conditions are being returned to the RO for further action.

The Veteran's claim for a higher rating for his right hand fifth metacarpal fracture was withdrawn. The Board granted service connection for lumbar spine arthritis, finding it related to injuries incurred during service.

The Veteran's essential tremor is granted a 30 percent rating, and his TBI residuals with PTSD are granted a 50 percent rating prior to August 10, 2020. The remaining conditions have either not been rated or were denied.

The Veteran's claims for increased evaluation of his lumbar spine disability and service connection for a cervical spine condition, which is secondary to his service-connected lumbar spine disability, are remanded due to the need for additional examinations and analysis.

The Veteran's lumbar spine degenerative arthritis is currently rated at 20 percent from November 26, 2021. The Board denied an increased rating for the disability as it did not meet the criteria for a higher rating under the applicable VA Rating Schedule.

The Veteran's appeal for service connection for a low back condition and a psychiatric disorder is being remanded due to inadequate medical opinions and the need for additional records. The case will be reviewed again with new evidence obtained.

The Board has remanded the case for further examination and clarification regarding the Veteran's ability to work due to his service-connected disabilities, particularly diabetes mellitus type II and its associated peripheral neuropathy.