Back / lumbar spine decisions — 2023

The Veteran's appeal is being remanded for additional examinations and evaluations to determine the severity of his service-connected back disability, knee disabilities, and any meniscal conditions. The Veteran will also be provided separate ratings for right and left knee instability.

The Board has remanded two issues: increased ratings for lumbosacral strain and sacroiliac strain, as well as an increased rating for plantar fasciitis of the right foot. The decision does not address service connection theory or exposure basis.

The Veteran's tinnitus, low back disability, cervical spine disability, and migraine headaches are all found to be related to his active duty service.

The Board has decided to remand the claims for service connection of thoracolumbar spine, cervical spine, and right knee disabilities due to a lack of information about an in-service fall on an airplane ramp. The AOJ must make appropriate efforts to obtain any available incident report.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for updated examinations, clarification of instability in his right knee, and obtaining VA treatment records.

The Board has remanded the Veteran's claims for service connection due to new evidence received since the last decision in December 2018.

The Veteran's claims for PTSD, migraine headaches, back disability, arthritis of unspecified joints to include left knee disability, residuals of injury to the left and right toes, IBS, and hypertension have been remanded due to incomplete service records and need further examination.

The Veteran's service-connected disabilities, including sleep apnea, migraine headaches, lumbar spine disorder, left-hand fifth finger disorder, and bilateral pterygium, have rendered him unable to secure and follow a substantially gainful occupation since February 22, 2016. As his combined rating is at least 80%, he meets the schedular requirement for a TDIU.

Service connection is granted for bilateral hearing loss and tinnitus.,New and material evidence has been received to reopen the claims for service connection for right great toe injury and left Achilles tendonitis.

The Board has decided to remand the case due to the need for an updated VA examination and opinion regarding the Veteran's spine disability.

The Veteran's claim for service connection for hypertension was denied in July 2004, and new and material evidence has not been received to reopen the claim. The effective date of service connection for thoracolumbar spine disability, cervical spine disability, right shoulder disability, and left lower extremity radiculopathy is set at July 21, 2011.,The Veteran's claims for increased ratings for psoriasis, GERD, chronic sinusitis, allergic rhinitis, and right knee disability are denied. The effective date of service connection for presbyopia with hypermetropia, astigmatism, and pinguecula is set at July 21, 2011.

The Board has remanded the claims for service connection due to a procedural issue where the Veteran did not receive an extension of time to submit additional evidence as requested in his response to the Supplemental Statement of the Case (SSOC).

The Veteran's hypertension is granted on a presumptive basis due to herbicide agent exposure. The left knee, bilateral thumb condition, low back condition, and left foot condition are all remanded for further examination and opinion. Service connection for GERD is also remanded.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation from July 17, 2019.

The Board has remanded the Veteran's cases due to a lack of VA examination for lumbosacral strain and right knee strain, which were previously denied increased ratings. The Veteran was not provided with an appropriate VA examination as scheduled.

The Veteran's claims for service connection for lung disability, back disability, bilateral knee disability, bilateral ankle disability, and right wrist disability are being remanded due to the need for additional development of the record.

The Board has remanded the case due to inadequate medical opinion regarding the etiology of the Veteran's low back disability. Another VA examination is needed to provide a legally adequate opinion.

The Board has remanded the cases due to incomplete service treatment records, which may contain information about the onset of the Veteran's right hip and back conditions during his military service.

The Veteran's claim of entitlement to service connection for headaches (also claimed as head injury, concussion) has been granted. The issue of entitlement to service connection for a back condition (also claimed as low back condition/injury) is remanded.

The Veteran's lumbar spine strain with degenerative changes and L1 compression fracture is granted a 20 percent disability rating prior to June 1, 2022. The appeal for higher ratings on this condition remains pending. Other conditions are either denied or have been granted.