Back / lumbar spine decisions — 2023

The Board has decided that the Veteran's claims for service connection for neck disability, thoracolumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy should be remanded due to a lack of in-person examinations. The VA is instructed to attempt to obtain these examinations from the correctional facility where the Veteran is incarcerated.

The Board has decided to remand the Veteran's claims for increased ratings for arthritis of the thoracolumbar spine, arthritis of the left hip, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity due to incomplete records. The VA is required to obtain any outstanding pertinent VA treatment records and private treatment records related to the Veteran's conditions.

The Board has granted service connection for degenerative arthritis of the lumbar spine, spondylosis and discogenic disease, as well as right lower extremity radiculopathy secondary to these conditions. The decision is based on evidence showing that the Veteran's preexisting scoliosis was aggravated by active service and progressed to his current back disorders.

The Veteran's appeal is being remanded for further examination and evaluation due to the need for clarification on the nature of his low back, right wrist, left hand/index finger conditions, as well as a possible aggravation by service-connected left shoulder disability. The Veteran also needs an updated VA examination regarding his left hip sprain and migraine headaches.

The Board has decided to remand several issues related to the Veteran's service connection claims, including GERD, left knee condition, right hip strain, thoracolumbar spine, gastric ulcer/gastritis, left talus non-displaced fracture, right ankle tendonitis, and cervical spine degenerative arthritis. The decision also includes a request for new VA examinations for these conditions.

The Veteran's increased ratings for lumbosacral strain and right lower extremity piriformis syndrome from April 29, 2016 to June 4, 2017 are being remanded.

The Board has remanded the Veteran's claims for bilateral hearing loss, lumbar strain, headaches (claimed as PTSD), and an acquired psychiatric disorder due to incomplete medical records and insufficient examination reports. The claims will be reviewed again with additional evidence and examinations.

The Board has decided to remand the case due to the need for a VA examination and additional medical records. The Veteran's low back disorder is being reviewed, along with whether it is related to her service-connected bilateral pes planus.

The Board has decided to remand the Veteran's claims for service connection due to incomplete records and need for further development.

The Veteran's claim for a TDIU due to his service-connected thoracolumbar spine disability and associated right lower extremity radiculopathy is being remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Board has denied service connection for ischemic heart disease due to lack of exposure to herbicides and the absence of a link between current condition and service. Service connection for lumbar spine disorder is remanded as there are insufficient opinions regarding the etiology of the Veteran's back pain.

The Board denied an earlier effective date for Total Disability Rating Based on Individual Unemployability (TDIU) prior to July 25, 2014, finding that the Veteran was not unable to secure or maintain substantially gainful employment due to her service-connected disabilities until then.

The Veteran's appeals for increased ratings and TDIU have been dismissed as he has withdrawn his appeal.

The Veteran's claim for a higher rating for degenerative arthritis of the lumbar spine was denied. The Board found that the evidence did not support an increase in ratings beyond 40 percent since October 8, 2021.

The Board has granted service connection for the Veteran's diagnosed low back disability, finding that it is related to an in-service injury and resolving all reasonable doubt in favor of the Veteran.

The Veteran's allergies, including allergic rhinitis, are related to his active duty service and granted. The left knee and back disabilities remain on appeal.

The Veteran's service-connected conditions prevent him from dressing, undressing, bathing, grooming himself without assistance and requires care to protect him from daily hazards. The Board finds that SMC based on the need for aid and attendance of another is warranted.

The Board has remanded the case due to inadequate compliance with a previous remand directive regarding the Veteran's low back condition and its incapacitating episodes.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for additional examinations to assess current disability levels.

The Veteran's appeal includes claims for service connection for a low back disability and TDIU. The Board has remanded these issues.,Service connection is sought for a low back disability that may be secondary to the Veteran's service-connected osteochondroma of the right humerus.