Back / lumbar spine decisions — 2023

The Board has decided to remand the Veteran's claims for a back condition and sleep disorder due to inadequate VA medical opinions. The Veteran is seeking service connection for these conditions, which he attributes to his active duty service.

The Board has granted service connection for low back disability, left hip pain, and internal hemorrhoids. The Veteran's low back disability is presumed related to his service in the Southwest Asia theater of operations.

The Board has granted service connection for low back, left hip, right hip, and left knee disabilities. Service connection for a right foot disability separate from the already service-connected plantar fasciitis with flat feet is also granted.

The Board has granted service connection for a low back disability and assigned a 100% rating effective April 11, 2022. The Veteran's current low back disability is considered to have had its inception during active service.

The Veteran's appeal is remanded due to the need for additional development, including obtaining outstanding VA and non-VA treatment records, a new VA examination, and addressing his claim for TDIU.

The Board has remanded the case due to issues with the effective date of TDIU and concerns about VA's duty to assist. The Veteran needs a retrospective medical opinion regarding his ability to work given his service-connected disabilities.

The Board has remanded the claims for a higher rating for the low back disability, right and left lower extremity radiculopathy, and TDIU prior to April 10, 2013 due to inadequate medical opinions regarding flare-ups and functional loss.,Additional VA examinations are needed to address the Veteran's range of motion during flare-ups and after repeated use over time. The claims for right and left lower extremity radiculopathy will also be remanded to evaluate whether a higher rating is warranted prior to July 21, 2022.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical examination.

The Board has remanded the case due to insufficient consideration of the Veteran's lay statements regarding his lumbar spine disability flare-ups. The Veteran and his attorney need to provide copies of these statements, and a new examination is needed to assess the impact of flare-ups on the Veteran's ability to function.

The Board has granted service connection for the Veteran's low back disability, finding that his symptoms are at least as likely as not incurred during military service.

The Board has dismissed the appeals as to all service connection claims due to the appellant's withdrawal of his appeal.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment. The TDIU claim is granted, but the increased rating for muscle disability of the neck and left shoulder is remanded due to lack of recent medical records.

The Veteran's lumbar strain with degenerative arthritis was rated at 10 percent, and the Board found that it did not meet the criteria for a higher rating based on limitation of motion or IVDS.

The Veteran's claim for service connection for a back disability and erectile dysfunction as secondary to his service-connected psychiatric disability has been granted. The case is remanded for further development.

The Board has remanded the Veteran's claims for bilateral hearing loss, neck condition, upper extremity radiculopathy (RUE and LUE), back condition, lower extremity radiculopathy (RLE and LLE), right shoulder condition, left shoulder condition, right elbow condition, left elbow condition, right knee condition, left knee condition, right foot condition, and left foot condition.,The Board found that the Veteran's claims for these conditions are inextricably intertwined with his neck condition and other related claims.

The Veteran's claims for bilateral hearing loss, tinnitus, hypertension, and migraine headaches are denied as there is no evidence of a current disability or a link to service.,Service connection for bilateral shoulder condition, lower back condition, and right foot condition is also denied due to lack of evidence linking these conditions to service.

The Veteran's service-connected disabilities, combined, rendered him unable to secure and follow substantially gainful employment from June 17, 2019, to October 6, 2019. The appeal is remanded for additional development.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence of a current disability related to active duty. The case was remanded for further examination and opinion regarding left shoulder, bilateral foot, and back disabilities.,The Board has also remanded the claims for service connection for a left shoulder disability, bilateral foot disability, and back disability due to in-service injuries or diseases.

The Veteran is granted a 40% rating for his service-connected back disability, effective February 4, 2021. The earlier effective date of February 4, 2021, was established.

The Board has decided to remand two issues: the rating for lumbar spine condition prior to August 1, 2019 and a separate rating for bowel and/or bladder condition associated with the service-connected lumbar spine condition. The Veteran's claims are being returned for further development.