Back / lumbar spine decisions — 2023

The Board has remanded the case for further development regarding the Veteran's claims of service connection for COPD, specifically due to exposure to TCE and bronchitis during service.

The Veteran's spine and sciatic nerve radiculopathy conditions are remanded for further evaluation due to the need for a VA examination.

The Board has remanded the Veteran's claims of service connection for various hip and knee disabilities due to insufficient medical opinions addressing the onset and etiology of these conditions during or related to his military service.

The Veteran's lumbar spine disability is rated at 20 percent prior to December 16, 2014, and at 40 percent thereafter. The appeal for higher ratings has been denied.

The Veteran's low back disability is rated at 10 percent, effective January 30, 2014.,The Veteran's left lower extremity radiculopathy was initially granted a 20 percent rating from January 30, 2014 to January 3, 2020.

The Board has denied the Veteran's petitions to reopen his claims for service connection for cervical and lumbar osteoarthritis, finding that new and material evidence was not received since the June 2017 rating decision.

The Board has remanded the claims for service connection due to inadequate October 2021 VA examinations. The Veteran's lay statements regarding in-service symptomatology need to be addressed by new VA examinations.

The Board has determined that the provided opinions are inadequate and remands the case for additional examinations to determine the nature and causes of the Veteran's claimed lumbar spine, bilateral hip, and bilateral ankle conditions.

The Veteran's claim for headaches as secondary to service-connected major depressive disorder and tinnitus was granted. The effective dates for the grants of service connection for lumbar spine degenerative arthritis, right hip strain with degenerative changes, right hip thigh impairment, left hip degenerative changes, and left hip thigh impairment were all set at April 13, 2010.

The Board has remanded the claims for service connection due to insufficient opinions regarding obesity, right knee condition, right shoulder condition, and low back condition. The Veteran's representative asserts that his asthma causes or aggravates these conditions.

The Board has remanded the claims for service connection for a lumbar spine disability and psychiatric disorder due to additional evidentiary development being needed.

The Board has granted service connection for a right knee disability and remanded the issue of service connection for a lumbar spine disorder.

The Board has decided to remand the cases for further development and consideration due to outstanding medical records from a correctional facility where the Veteran was incarcerated. The right shoulder disability is also being remanded as secondary to the low back disability.

The Veteran's TDIU claim is granted, effective May 30, 2013. The Board finds the Veteran unable to secure and follow substantially gainful employment due to his service-connected disabilities.

The Veteran's claim for a higher initial disability rating for lumbosacral strain with degenerative arthritis was denied. The claim for service connection for an acquired psychiatric disorder, including depression, was also denied.

The Board has remanded the Veteran's claims for low back condition and bilateral foot/ankle condition due to outstanding records, including service treatment records. The AOJ is also directed to obtain VA Choice Program private treatment records and attempt to locate any missing service treatment records.

The Veteran's appeal for total disability rating based on individual unemployability (TDIU) has been dismissed as he withdrew all remaining issues associated with his appeal.

The Veteran's service connection claims for a low back disability and gynecological disability (including hysterectomy and its residuals) have been granted. The rating for migraine headaches has been denied.

The Board has decided to remand the claims for service connection for low back pain muscle spasm, periscapular muscle myofascitis of the left shoulder, and bilateral foot bunions due to potential missing service treatment records from Germany. The VA is instructed to obtain these records and provide additional opinions regarding the relationship between the disabilities and service.

The Veteran's cervical spine disability and upper extremity radiculopathy were denied as the evidence did not meet the criteria for higher ratings under VA rating criteria.