Back / lumbar spine decisions — 2023

The Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation prior to December 12, 2018.

The Board has decided to remand the Veteran's claims for service connection for kidney stones and low back disability due to a lack of VA examinations and medical opinions. The Veteran will need to undergo these exams to determine if his conditions are related to service.

The Board denied the Veteran's claims for service connection for sinusitis and an initial rating in excess of 20 percent for a low back disability. The Veteran was found not to have current disabilities for these conditions, and his low back disability was found to be at worst limited to forward flexion to 35 degrees during the period on appeal.

The Board has decided to remand the Veteran's claims for headaches, left knee strain, and right knee strain due to insufficient medical opinions regarding service connection. Additional development is needed to address all theories of service connection.

The Veteran's claim for service connection of degenerative disc disease of the thoracolumbar spine, secondary to his service-connected left and right knee disabilities, is granted. The reduction in rating for service-connected left ankle tarsal tunnel syndrome from 20% to noncompensable effective August 8, 2014, is not proper.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims for increased ratings for his service-connected bilateral knee and back disabilities, as well as his claim for service connection for a left shoulder disability. The case is being remanded to allow for further development.

The Board has remanded the case due to an inadequate medical opinion regarding the etiology of the Veteran's back condition. The claim will be reviewed again with a new examination and medical opinion.

The Board has remanded the claims for service connection for lumbar and thoracic spine conditions due to incomplete records and need for further examination.

The Board has decided to remand the case due to a lack of adequate medical opinion regarding whether the Veteran's low back disability had its clinical onset during service or is due to an incident or event of his active duty service.

The Board has granted service connection for lumbar spine arthritis on a presumptive basis due to an in-service low back injury, resolving reasonable doubt in the Veteran's favor.

The Board has dismissed the appeals for service connection of right knee injury, degenerative disc disease (claimed as cervical neck injury), and sleep apnea due to the death of the appellant.

The Board has remanded the case due to missing VA examination and lack of a supplemental statement of the case. The Veteran's claim for an increased rating for their back disability is now pending.

The Veteran's appeals for higher ratings for Major Depressive Disorder and Degenerative Disc Disease were denied, as the medical evidence did not support a rating in excess of 50 percent and 10 percent respectively. The appeal for service connection for a Cervical Spine Disorder was also denied due to lack of current diagnosis.

The appeal seeking service connection for diarrhea is dismissed.,The appeal seeking service connection for vertigo is dismissed.,The appeal seeking service connection for a lower back disability is dismissed.,The appeal seeking service connection for sleep apnea is dismissed.,The appeal from that part of the July 2017 rating decision denying entitlement to SMC based on the need for aid and attendance or being housebound is dismissed.

The Board has remanded the cases of left wrist strain and low back disorder for further development due to inadequate medical opinions.

The Veteran's TDIU claim is granted since August 18, 2022, as his service-connected disabilities have prevented him from securing and maintaining a substantially gainful occupation.

The Veteran's right toe arthritis and PTTC disability is granted a 20 percent rating prior to December 29, 2020. The Veteran's back disability claim for service connection is denied.

The Veteran withdrew his claims for service connection for various disabilities, including bilateral foot and wrist disabilities, diabetes mellitus, hypertension (high blood pressure), sleep apnea, vision disability, limitation of flexion and extension of the knees, left knee pain, right knee pain, and lower back conditions.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they did not prevent him from securing and following substantially gainful employment.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining missing VA and private treatment records.