Back / lumbar spine decisions — 2023

The Board denied service connection for left and right hip disorders as secondary to the Veteran's service-connected total abdominal hysterectomy and right ankle disability.,The Board also denied service connection for a low back disorder as secondary to her service-connected total abdominal hysterectomy and endometriosis.

The Board has granted service connection for degenerative arthritis and intervertebral disc syndrome of the lumbar spine, right shoulder rotator cuff tendonitis, and PTSD.,The Veteran's current diagnoses are supported by medical evidence, and there is a reasonable doubt in favor of his claims.

The Board has remanded the Veteran's claims for increased ratings due to inconsistencies in the May 2021 VA examination report and a lack of retrospective evidence regarding her lumbar spine disability. The case is now pending for further review.

The Board has denied higher ratings for the Veteran's lumbosacral strain and left knee disabilities, but the case is being remanded to obtain additional medical records.

The Board has remanded the Veteran's claims for service connection due to incomplete STRs and outstanding VA treatment records. The issues include gout, cervical spine disorder, back disorder, anxiety disorder, respiratory disorder, sleep/fatigue disorder, headaches, and muscle pain disorders, all potentially related to Persian Gulf service.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) on an extraschedular basis, finding that his service-connected disabilities did not render him unable to secure and follow substantially gainful employment.

The Board has remanded the Veteran's claims for increased disability ratings due to insufficient examination findings regarding functional loss during flare-ups and repetitive use over time. The claims are now pending before the Board.

The Board has remanded the case due to the need for additional development, including obtaining updated VA treatment records and arranging a VA examination. The Veteran's back disability is currently service-connected.

The Veteran's appeals for increased ratings and effective dates have been dismissed due to the Veteran requesting to withdraw his appeals.,The Veteran has service-connected disabilities including Obstructive Sleep Apnea with Asthma, Major Depressive Disorder with Borderline Personality Disorder, Degenerative Joint Disease of the Right Knee, Degenerative Disc Disease with Degenerative Joint Disease of the Lumbar Spine, and Degenerative Disc Disease with Degenerative Joint Disease of the Cervical Spine.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no evidence of a chronic condition during or within one year after service and no current diagnosis. The Board concluded that the Veteran did not have a current low back disability.

The Veteran's claims for service connection for traumatic brain injury and an increased rating for lumbosacral strain have been withdrawn. The TDIU claim has also been denied as the evidence is insufficient to establish that his service-connected disabilities alone are of such severity so as to preclude substantially gainful employment.

The Veteran's appeal has been withdrawn by his authorized representative, and the Board is dismissing all issues on appeal.

The Board has decided to remand the case for further development, including scheduling an updated psychiatric examination for PTSD and assessing the Veteran's ability to care for daily needs due to his service-connected disabilities.

The Board denied the Veteran's claims for increased ratings for his lumbar spine disability and related radiculopathy, finding that the evidence did not support a rating in excess of 10 percent prior to October 29, 2018.

The Board has remanded the Veteran's claims for increased ratings due to insufficient information from previous VA examinations regarding his lumbosacral, cervical, and left knee disabilities. The AOJ is instructed to obtain updated treatment records and arrange for new orthopedic examinations.

The Veteran's claims for service connection are being remanded due to incomplete records and the need to obtain additional medical evidence. The Veteran is also scheduled for VA examinations to determine if his current conditions are related to his military service or other service-connected disabilities.

The Veteran withdrew his appeals for higher ratings in all three issues, resulting in the dismissal of these claims.

The Veteran's appeals for earlier effective dates for service connection and ratings have been denied.,Specifically, the Board found that no earlier effective date could be granted due to a July 6, 2017 auto-generated 'intent to file' form which did not preserve an effective date of July 6, 2017.

The Board has remanded the Veteran's claims for additional development, including service connection for a right knee disability. The back and flat foot disabilities are denied as not incurred or aggravated by service.

The Veteran's cervical spine DDD and CAD were denied increased ratings.,Hypertension, hemorrhoids, and right foot fracture with gout were also denied increased ratings.