Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for right shoulder and left knee disabilities due to inadequate VA examination opinions. The Veteran is entitled to a new, adequate VA examination addressing all of his current right shoulder conditions and left knee findings.

The Board has remanded the Veteran's claims for service connection for headaches, a back condition, a neck condition, and a left shoulder condition due to insufficient evidence. The Court found that the Board erred by relying on an outdated VA opinion and failed to address whether the Veteran's migraine headaches are encompassed within his cervicogenic headaches.

The Board has remanded the case due to inadequate medical opinion regarding the Veteran's back disorder. The examiner is requested to provide a clear and unmistakable evidence that the Veteran's preexisting back disorder was not aggravated during service, or if it did not exist at all.

The Board has remanded the case due to insufficient evidence regarding the Veteran's lower back condition, including a lack of line-of-duty documentation and current medical records. The Veteran will need to undergo a VA examination and additional service personnel records must be obtained.

The Board has determined that further examination and opinion are needed for the Veteran's right knee condition, degenerative changes of the lumbar spine, and traumatic brain injury. The claims are being remanded to allow for these evaluations.

The Veteran's claim for an effective date of May 4, 2001, but no earlier, for the award of a total disability rating based on individual unemployability due to service-connected disabilities is granted.

The Veteran's claims for increased ratings are being remanded due to the need for new VA examinations and a supplemental statement of the case.

The Board has determined that additional examinations and opinions are needed to address the Veteran's claims for service connection, rating increases, and special monthly compensation due to his TBI and related conditions. The issues include secondary service connection for loss of sense of smell and taste, as well as cervical strain and migraine headaches.

The Board has denied the Veteran's claims for service connection for a lumbar spine disorder and left hip disorder, finding that there is no evidence linking these conditions to his active service.

The Veteran's service-connected lumbar degenerative disc disease, radiculopathy of the right lower extremity, left knee degenerative joint disease, and radiculopathy of bilateral upper extremities have been granted as secondary to his service-connected right knee degenerative arthritis, cervical spondylosis, and neck disability.,The Veteran's claims for increased ratings for cervical spondylosis are being remanded.

The Board has remanded several issues related to service connection for chronic fatigue syndrome and various back disabilities, as well as ratings for radiculopathy. The Veteran's claims are pending further development.

The Board denied service connection for lumbar spine, right knee, and left knee disabilities due to a lack of evidence showing an in-service injury or disease that caused the current conditions.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, leading to the grant of TDIU from December 1, 2013, to February 23, 2015. For other periods, his combined disability rating was sufficient for TDIU.

The Board found that the Veteran did not timely file a substantive appeal for his claim of service connection for a low back disorder, as evidenced by the receipt of a VA Form 9 on September 26, 2017, which was more than three months after the issuance of the June 2017 Statement of the Case (SOC).

The Veteran's degenerative disc disease of L5-S1 with intervertebral disc disease involving nerve roots L4-S1 on left and left sciatic nerve has been rated at 60 percent disabling, but the appeal is for a higher rating. The Board found that the disability does not warrant an increase beyond this level.

The Veteran's additional low back disability following his July 2009 VA surgery was found to be caused by a reasonably foreseeable complication, and thus compensation under 38 U.S.C. § 1151 is granted.

The Veteran's neck strain with myofascial pain syndrome, degenerative disc disease and degenerative arthritis is rated at 20 percent since March 25, 2009. The rating was denied as his symptoms did not meet the criteria for higher ratings.

The Board has decided to remand the case due to insufficient medical evidence for deciding the claim of service connection for a lumbar spine disability. The Veteran's current back condition is currently diagnosed, but there is uncertainty about whether it existed prior to service and if it was aggravated by service.

The Board has denied the Veteran's claims for service connection for pes planus with valgus deformity, left hip degeneration, right hip arthritis, low back condition, and right knee condition. The Board found that these conditions were not incurred or aggravated by active service.

The Veteran's service connection claims for hypertension and back disability have been granted. The remaining issues, including those related to diabetes mellitus and its complications, are remanded due to the need for updated examinations and evidence.