Back / lumbar spine decisions — 2023

The Veteran seeks service connection for a thoracolumbar spine disability as secondary to his service-connected bilateral knee disabilities. The Board finds that the most probative evidence of record does not support this claim.,The Veteran also seeks service connection for OSA as secondary to his service-connected migraine headaches. The VA examiner is requested to provide an opinion on whether the Veteran's service-connected migraines aggravated his OSA beyond its natural progression.

The Veteran's claims for increased ratings for his service-connected cervical neck strain with degenerative disc disease, degenerative arthritis, and intervertebral disc syndrome are remanded due to the need for an addendum opinion regarding whether he exhibits or has exhibited at any point since September 5, 2013, ankylosis or the functional equivalent of ankylosis of the cervical spine. The claims for increased ratings for his service-connected bilateral upper extremity radiculopathy are also remanded.

The Veteran's claims of service connection for COPD, lumbar spine disability, left arm numbness, right arm numbness, and chest pain have been dismissed as there are no remaining questions of fact or law to be decided.

The Veteran's claims for increased ratings for bilateral hearing loss and dermatitis are being remanded due to the need for additional medical records.,Service connection claims for gastritis, lumbar spine disorder, cervical spine disorder, acquired psychiatric disorder, diabetes mellitus type II, and prostate disorder remain unresolved.

The Veteran is granted nonservice-connected pension benefits due to permanent and total disability from nonservice-connected disorders, including psychiatric disabilities.

The Board has determined that the claims for service connection and evaluations of various spine disabilities, including radiculopathies, need to be remanded due to incomplete records and the need for additional examinations.

The Board has decided to remand the case due to the need for a medical opinion regarding the possible exacerbation of the Veteran's service-connected lumbar strain by his post-service car accident or his service-connected left knee arthritis.

The Board denied service connection for a neck/upper back disorder, low back disorder, and bilateral knee disorder as the evidence did not show that these conditions onset in-service or were continuous since service.,Service connection was also denied for a right foot disorder.

The Veteran's lumbar spine disability and right and left ilio-inguinal neuralgia are being remanded for additional evaluations due to the need for updated medical records and a new examination.

The Board denied the Veteran's claims for an earlier effective date for tension headaches and a higher rating for thoracolumbar spine IVDS, finding that the evidence did not support granting either claim.

The Board has remanded the cases for additional development and opinion regarding service connection for sleep apnea, back condition, and right ankle condition.

The Board has determined that service connection for a lower back disability is denied as there is no evidence of such condition during active duty or within one year post-service.,Service connection for bilateral lower extremity radiculopathy is also denied, with the Board finding that current radiculopathy is not related to service-connected conditions.

The Board has remanded the claims for service connection due to inadequate development and need for a new VA examination.

The Veteran's claim for service connection for PTSD was granted, and his claims for degenerative disc disease of the spine and bilateral knee arthritis were denied. Service connection for flat feet with bunions is not supported by evidence.

The Board denied service connection for low back disorder and right shoulder disorder, finding no evidence of in-service injury or chronic condition. The appeals were dismissed.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for lumbar strain with degenerative arthritis of the lumbar spine and for entitlement to a total disability rating based on individual unemployability due to lack of substantial compliance with previous remand directives.

The Veteran's claim for a higher rating of his service-connected degenerative arthritis of the lumbar spine was denied. The Board also granted TDIU and SMC based on the Veteran's service-connected disabilities, including his lumbar spine disorder.

The Veteran's claims for increased disability evaluations for his service-connected chronic lumbar sprain with degenerative disc disease at L4-L5 and his claim of entitlement to TDIU are being remanded due to the need for additional development.,The Board finds that additional relevant medical evidence was received following the issuance of a supplemental statement of the case in November 2020. The Veteran's claims must be remanded so that the AOJ can consider all evidence pertaining to his claims on appeal.

The Board has decided to remand the case due to inadequate examination and need for additional VA clinical records. The Veteran needs a new VA examination to assess his low back disability, including flare-ups and repeated use over time.

The Board has remanded the cases for additional development, including obtaining updated VA treatment records and medical opinions addressing the Veteran's lay reports about his in-service symptoms and their relation to his current disabilities.