Back / lumbar spine decisions — 2023

The Veteran's service-connected disabilities, including an acquired psychiatric disorder, lumbosacral degenerative joint disease, tinnitus, right elbow degenerative joint disease, and others, prevent him from securing or following substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU) effective August 13, 2021.

The Veteran's appeal is remanded for additional examinations and to determine the current severity of his service-connected PTSD, back condition, right lower extremity radiculopathy, headaches, right knee condition, left knee condition, and TDIU. The Veteran also needs VA examinations to address theories of entitlement related to these conditions.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's low back disability, and a supplemental medical opinion is needed.

The Board has remanded the case due to new VA treatment records that have not yet been addressed in a rating decision or SSOC.

The Board has granted extensions of a temporary total disability rating and special monthly compensation (SMC) based on the need for convalescence following back surgery until December 31, 2016. The benefit of the doubt does not apply as there is no evidence to support an extension beyond this date.

The petition to reopen the Veteran's claim for service connection for a lower back disability is granted. The Board finds that new and material evidence sufficient to reopen the claim has been received, but remands for additional development as it relates to the etiology of the condition.

The Board has restored the Veteran's 60 percent rating for his lumbar spine disability, effective August 1, 2019. The TDIU and SMC claims are remanded.

The Veteran's cervical and lumbar spine disabilities have been remanded for further development.,A separate claim for compensation under 38 U.S.C. § 1151 due to a surgical procedure on the cervical spine in 2013 has also been remanded.

The Board has restored the Veteran's disability ratings for his back disability and left lower extremity radiculopathy, finding that the reductions were improper.

The Board has remanded the claims for service connection and rating of scars due to additional procedural development being required. The AOJ is instructed to issue a Supplemental Statement of the Case addressing all evidence received since the March 2022 SSOC.

The Board has remanded the case due to insufficient evidence regarding the severity of the Veteran's lumbar spine disability prior to September 15, 2015. The claim is now pending for further evaluation.

The Veteran's appeal is remanded for additional medical opinions and records to address service connection claims, rating determinations, and other issues. The Board will consider the evidence and make a decision on these matters.

The Board has remanded the cases due to insufficient evidence and the need for additional examinations.

The Board has remanded several claims for service connection, including those for seizures, loss of bladder control (urinary tract condition), hemorrhoids, psychiatric disorder, tinnitus, residuals of left Achilles tendon tear, degenerative disc disease of the cervical spine, and stress fractures of both feet. The decision also addressed whether the Veteran's character of discharge is a bar to VA compensation benefits.

The Veteran's claim for service connection for tinnitus was granted, and he is now entitled to a 10% evaluation.,For the periods from May 2, 2018, to June 30, 2020, and beginning September 16, 2020, the Veteran's total disability rating based on individual unemployability was granted.

The Board has decided to remand the cases for additional development, including obtaining VA opinions on the relationship between the Veteran's current disabilities and his service.

The Veteran's claim for an increased evaluation in excess of 40 percent for lumbosacral strain is denied. The claim for total disability evaluation based on individual unemployability due to service-connected disabilities prior to January 23, 2015, is also denied.

The Board granted clothing allowances for the Veteran's back and knee braces used to treat service-connected disabilities, as they tended to wear or tear his clothing in 2014.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine and left lower extremity radiculitis disabilities, as well as his claim for service connection for sleep apnea. The Veteran is also being asked to provide additional evidence regarding obesity and its relationship to his sleep apnea.

The Board denied service connection for IBS, a lumbar spine disability, prostate disorder, kidney disorder, pharyngitis, and otitis media. The Veteran's assertions were not supported by the evidence of record.,Service connection was denied as there is no persuasive medical evidence showing that any current diagnosed condition is related to active duty service or any incident thereof.