Back / lumbar spine decisions — 2023

The Board has remanded the claims for service connection for COPD and a low back disorder due to inadequate VA examination opinions. The Veteran's COPD may be related to his exposure to herbicides in service, or secondary to his lung cancer. His low back disorder is not likely related to service.

The Board has dismissed the appeal as the appellant withdrew it through his authorized representative.

The Board has remanded the issues of service connection for sleep apnea, hypertension, hypothyroidism, bilateral ankle disorder, and bilateral knee disorder. The cervical spine and lumbar spine disability claims have been denied.

The Board has remanded the claims for a higher rating for lumbar spine disability and right lower extremity radiculopathy, as well as the TDIU claim due to lack of clarity in the Veteran's statement regarding withdrawal of the TDIU appeal.

The Board has remanded the Veteran's claims for service connection due to unresolved issues related to his psychiatric disabilities, asthma, bilateral eye disability, heart disability, headaches, and insomnia. The claims are pending further development.

The Board has reopened the claims of service connection for a back disability, right knee disability, tinnitus, and bilateral foot disability due to new and material evidence. The claims are now remanded for further development.

The appeal is remanded for a new VA examination to determine the current severity of the Veteran's low back strain and degenerative disc disease, as well as providing the requested information about the June 2019 VA examiner.

The Board has remanded the Veteran's claims of service connection for low back disorder, left arm disorder (other than left wrist arthritis), and right wrist disorder due to inadequate medical opinions. The claims are being returned for further examination and opinion.

The Board has remanded the claim for service connection for a lumbar spine disability due to insufficient substantial compliance with its March 2022 remand instructions. The Veteran's representative submitted additional evidence and argument in support of his appeal.

The Veteran's service-connected low back, right knee, and left ankle disabilities rendered him unable to secure and maintain substantially gainful employment as of January 1, 2007.

The Veteran's ratings for lumbosacral strain and cervical strain were reduced from 40% to 10%, but the reduction in the rating for lumbosacral strain was improper, so the original 40% rating is restored. The reduction of the rating for cervical strain was proper.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding no nexus between her current condition and her military service. The Board also found that obesity was not an intermediate step in causing or aggravating her lumbar spine disability.

The Veteran's appeal is remanded for further development on several issues, including service connection claims and rating determinations.

The Veteran's lumbosacral spine, cervical spine, spondylolysis, spondylolisthesis, and degenerative arthritis disabilities are found to have originated during active service. The Veteran's cervical spine degenerative disc disease is also found to be related to his military service.

The Veteran's service connection claims for lumbar spine disability, right and left ear hearing loss, and other conditions are granted due to the presence of a current disability that is related to service. The additional period of active duty from June 2004 to September 2004 was confirmed.

The Veteran's migraine headaches and lumbar spine strain have been granted service connection, with a 40% evaluation for the latter. The issue of increased rating for the lumbar spine strain is remanded.

The Board denied the Veteran's claim for service connection of lumbar spine arthritis, finding that there is no evidence linking his current condition to his military service.

The Veteran's claims for service connection are remanded due to the need for additional medical examinations and updated VA treatment records. The right shoulder disability rating is also remanded.

The Board has granted restoration of a 40 percent rating for lumbar spine disability, effective May 1, 2019. The claims for increased ratings in excess of 40 percent for lumbar spine disability and 30 percent for radiculopathy of the left lower extremity associated with lumbar spine disability are remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the nature and etiology of his lumbar spine, cervical spine, right hip, and right foot disabilities. The issues include direct service connection as well as secondary service connection.