Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for service connection and disability ratings due to incomplete development of records, including VA treatment records. The Veteran is also being remanded for a determination on his claim for TDIU.

The Board has determined that the Veteran's claims for increased evaluations and service connection are inextricably intertwined with his TDIU claim, earlier effective date claim, and need for VA examinations. The issues must be remanded to allow for further development.

The Board has determined that additional development is necessary for the Veteran's claims of higher ratings for her neck, low back, and migraine disabilities. The Veteran will need to provide any evidence in support of her claims, and she will be scheduled for new VA examinations to determine the current severity of her symptoms, including a discussion of the ameliorative impacts of her prescribed medications.

The Board has remanded the Veteran's claims for further development, including obtaining additional medical opinions and records. The issues of entitlement to compensation under 38 U.S.C. § 1151 for residuals of a right sural nerve biopsy, service connection for a lower back disability, and service connection for peripheral neuropathy of the bilateral upper and lower extremities are all remanded.

The Veteran's lumbar arthritis was granted a rating of 40 percent prior to November 8, 2022.,A higher rating for the lumbar arthritis is denied since November 8, 2022.

The Board has determined that the Veteran's back disability is related to service and grants his claim for service connection.

The Veteran's appeal for an initial disability rating higher than 20 percent for a low back disability was denied. The Board also remanded the matter of whether he should be granted a TDIU prior to November 2, 2021.

The petition to reopen the previously-denied claim for service connection for a right shoulder disorder is granted. The petition to reopen the previously-denied claim for service connection for a right wrist disorder is denied.

The Board has remanded the Veteran's claims for service connection for a sleeping disorder and for increased evaluations for lumbar strain with arthritis due to insufficient information in the record regarding whether the Veteran's insomnia is separate from his PTSD, and because of concerns about the adequacy of the VA examinations conducted.

The Veteran's PTSD is rated at 70 percent from September 4, 2008. A TDIU was granted prior to March 12, 2009 and from March 12, 2009 onwards.

The Board has found that the AOJ did not substantially comply with prior remand directives and has therefore ordered a remand for an addendum opinion regarding whether the Veteran's left lower extremity disability clearly and unmistakably pre-existed service. The issues of entitlement to service connection for a back disability and bilateral hip disability are also inextricably intertwined and have been remanded as well.

The Board has determined that the Veteran's back disability is service-connected, as it was caused by an injury sustained during active service. The claim for service connection is granted.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a low back disability. The issue of service connection is remanded due to conflicting medical opinions regarding the etiology of the Veteran's low back condition.

The Board denied service connection for left knee, right shoulder, lumbar spine, cervical spine, and left shoulder disabilities as they are not related to service or a service-connected disability.

The Board denied service connection for back disorder, nerve pain in feet, bilateral hearing loss, and tinnitus as the evidence did not support a direct link to service or any presumptive conditions.

The Board has remanded the Veteran's claims for service connection for degenerative disc disease of the lumbar spine and gastroesophageal reflux disease due to inadequate opinions in the original VA examinations. The case will be returned to the Board after completion of further examination.

The Board has decided to remand the Veteran's claims for service connection for left upper and lower extremity peripheral neuropathy, as secondary to herbicide exposure. The VA will need to provide a new opinion on whether these conditions are related to his service-connected aneurysm.

The Board has remanded the case due to inadequate opinion regarding the Veteran's lumbar spine disability, specifically his lumbosacral strain.

The Veteran's claim for a rating in excess of 20 percent for his IVDS and DDD of the lumbar spine with scoliosis is denied. The VA examinations did not show incapacitating episodes or forward flexion limited to 30 degrees or less, thus preventing an increased rating under either the General Rating Formula or the IVDS Rating Formula.

The Board has denied service connection for a chronic cervical spine disorder, left upper extremity radiculopathy, and right upper extremity radiculopathy. The lumbar spine disability is remanded for additional development regarding the Veteran's increased rating claims.