Back / lumbar spine decisions — 2023

The Board has determined that the VA examination and medical opinion provided were not fully responsive to the March 2022 remand requests, necessitating further review and a new examination.

The Board denied service connection for a heart disorder. The back and left leg disorders are both remanded for further examination and opinion.

The Board found no evidence to support service connection for a low back condition or migraine headaches, as the Veteran's conditions were not shown to have begun during active service and are not otherwise related to an in-service injury or disease.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence.,Service connection is being remanded for further review on these issues.

The Veteran's service connection claims for lumbar spine disability, bilateral hip osteoarthritis, and bilateral lower extremity radiculopathy have been granted. The claim for erectile dysfunction (E.D.) is remanded for further evaluation.

The Board has decided to remand the claim for service connection for joint pain, specifically low back, bilateral hips, right knee, and right wrist due to insufficient evidence regarding a direct relationship to in-service duties. Additional development is needed to address whether the Veteran's current disabilities are related to his exposure on concrete and steel decks during service.

The Veteran's appeal for avitaminosis, also claimed as weight loss, has been dismissed. The claims for service connection for various disabilities have been remanded due to the need for additional development of his service records and outpatient treatment records.

The Veteran's low back disability is rated at 40 percent since August 2, 2021. The rating was increased from 20 percent prior to that date.

The Board has remanded the Veteran's claims for obstructive sleep apnea, lumbar spine disorder, and heart disorder due to incomplete records and inadequate opinions. The claims will be reconsidered after obtaining additional evidence and expert medical opinions.

The Veteran's thoracolumbar ankylosing spondylitis is currently rated at 40 percent, but the VA examiner found no signs of unfavorable ankylosis. The Veteran has forward flexion to only 30 degrees in non-weight bearing mode and 60 degrees in weight bearing mode (reduced to 50 degrees after three repetitions).,The Veteran's cervical spine ankylosing spondylitis is currently rated at 30 percent, with favorable ankylosis. The VA examiner found no signs of unfavorable ankylosis. The Veteran has forward flexion of only 5 degrees in both weight bearing and non-weight bearing modes.

The Board has dismissed the appeal as the issue of TDIU is moot due to a full grant of benefits, and the Veteran withdrew his appeal for an increased disability rating.

The Board has remanded the Veteran's claims for increased evaluation of right knee disability and service connection for lumbar spine disability due to incomplete development and inadequate medical opinions.

The Board has remanded the cases for additional development to obtain VA treatment records and a new opinion regarding the nature and etiology of the low back and left shoulder disabilities.

The Board has remanded both issues for further development and consideration. The Veteran's lumbar lordosis claim is being remanded due to the need for a new VA examination, while her migraines rating remains on appeal as no Statement of the Case has been issued.

The Veteran's claims for increased evaluations for his low back disability and radiculopathy of the lower extremities have been denied. The VA has found that the Veteran's symptoms do not warrant a higher evaluation based on current medical evidence.,The Veteran's low back disability is currently rated as 40 percent disabling, which is the maximum rating available under the applicable diagnostic codes.

The Veteran's thoracolumbar spine disability is rated at 40 percent, and the claims for increased ratings are denied. The left and right lower extremity radiculopathy have been rated at 20 percent each since May 13, 2016.

The Board has decided to remand the case due to an incomplete VA examination, and a new opinion is needed regarding whether the Veteran's current back disorder is related to his military service.

The appeal regarding entitlement to a higher rating for TBI is dismissed. A rating in excess of 10 percent for tinnitus is denied. The remaining issues are remanded.

The Board has determined that the Veteran's preexisting back disability was aggravated during her service, and there is no clear and unmistakable evidence to contradict this finding. Therefore, service connection for a back disability is granted.

Your appeal for service connection has been dismissed because you did not file a timely Notice of Disagreement (NOD) in the original May 2014 rating decision. The issues have now been moved to the Appeals Modernization Act (AMA) system.