Back / lumbar spine decisions — 2023

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation after May 22, 2019. The case is remanded for further consideration of the TDIU claim prior to that date.

The Veteran withdrew her appeals for service connection of upper back and right knee disorders, resulting in the dismissal of these claims.

The Board has remanded the claims for service connection due to incomplete examination and inextricably intertwined issues.

The Veteran's death was not due to his service-connected degenerative arthritis of the lumbar spine with associated radiculopathy.,The cause of the Veteran's death (chronic respiratory failure, acute on chronic diastolic heart failure, chronic kidney disease, and cirrhosis) is not considered to be related to his active service.

The claims for service connection for various conditions, including right and left knee conditions, acquired psychiatric disorder, skin condition, eye condition, and back condition have been denied. The claim for a stinging sensation in the left elbow has also been denied.

The Board has decided to remand the cases for further development due to missing service treatment records and insufficient medical opinions.

The Board has reopened the claims for service connection for lumbar spine, cervical spine, and right hip disabilities due to new evidence received since the July 2011 rating decision. The claims are now remanded for additional development.

The Veteran's claim for an earlier effective date of October 3, 2007, for the award of service connection for PTSD is granted. The issue of entitlement to service connection for a low back disability is remanded.

The Board has remanded the case due to new evidence being added since the last Supplemental Statement of the Case (SSOC). The Veteran was asked if he wanted this additional evidence considered by the AOJ first, and he requested that it be reviewed in the first instance.

The Board has remanded the Veteran's claims for cervical spine disability, back disability, radiculopathy of upper and lower extremities, bilateral shoulder, knee, hip disabilities, and migraines due to insufficient evidence on whether these conditions are proximately due to or aggravated by his service-connected PTSD.

The Board has granted the Veteran's claim for service connection for degenerative arthritis of the lumbar spine, finding that there is at least approximate balance of evidence regarding the Veteran's in-service injury and current symptoms.

The Veteran's temporary total rating for his service-connected lumbar spine disability was denied as he did not require convalescence beyond November 30, 2017 following the surgery.

The Veteran's service-connected disabilities do not meet the criteria for a total disability evaluation based on individual unemployability due to his inability to secure and follow substantially gainful employment.

The Board has remanded the case due to unclear findings regarding whether the appellant's low back disability is caused or aggravated by his service-connected left knee disability. Additional development, including obtaining medical opinions and records, is required.

The Veteran is seeking an earlier effective date for the service-connected disabilities granted in his December 2015 rating decision. The Board finds that a remand is necessary to verify the dates of active-duty service prior to September 23, 2014.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection, including obtaining STRs and VA/privately obtained treatment records. The claims are being remanded.

The Board has remanded the Veteran's claims for service connection for a back condition, lung conditions, and bilateral hearing loss due to inadequate examination reports and failure to provide substantial compliance with prior remand directives.

The Board has remanded the Veteran's claims for additional development, including obtaining medical records and scheduling a VA examination. The claims are related to his right knee disabilities and low back disability.

The Veteran's service-connected lumbar spine degenerative arthritis and bilateral lower extremity radiculopathy have precluded her from securing and maintaining a gainful employment as of December 19, 2021.

The Veteran's hearing loss is currently rated as noncompensable. The Board has remanded the claims for service connection for a right hip disorder, dizziness, right shoulder disorder, and groin pain due to lack of examination.