Back / lumbar spine decisions — 2023

The Board has decided to remand the case due to incomplete opinion regarding the Veteran's lower back disorder. The examiner did not consider the Veteran's military occupational specialty and post-service injury, leading to a lack of substantial compliance with the remand directives.

The Board has decided to remand the case due to inadequate reasons and bases for denying service connection for a back disorder. The claim will be reconsidered with an addendum opinion from an examiner.

The Veteran's appeal for a rating in excess of 20 percent for his lumbar spine disability from July 15, 2011 through May 3, 2013 has been dismissed due to the death of the Veteran before the Board could make a decision.

The Board has determined that additional development is needed to make an informed decision on the Veteran's claims, including obtaining outstanding medical records and VA treatment records.

The Board has found that additional development is required before the Veteran's claims for neck, right hand, and back disabilities can be decided. The case is being remanded to obtain Army Reserve records from specific locations and to request medical opinions.

The Veteran's PTSD, left shoulder DJD, and lower back disability claims are being remanded due to the need for additional VA examinations.

The Veteran withdrew his appeals for the low back disability, right lower extremity sciatic nerve, and left lower extremity sciatic nerve.

The Board has remanded the claims for service connection for right hip, left knee, neck, and low back disorders due to secondary service-connected disabilities. The Veteran's contentions of in-service injury are being reviewed.

The Board has granted service connection for bilateral knee and lumbar spine disabilities, finding that the Veteran's current conditions are linked to his military service. Service connection was denied for a thoracic spine disability due to lack of evidence.

The Veteran's claims for service connection for various conditions, including diabetes mellitus, lumbosacral spine strain, ischemic heart disease, erectile dysfunction, congestive heart failure, peripheral neuropathy, and hiatal hernia, have been denied due to lack of new and material evidence.,Service connection is not granted as the Veteran's current disabilities are not presumed by exposure to herbicide agents.

The Veteran's back disability was restored to a 20 percent rating effective November 8, 2016. The appeal for an increased rating and service connection for sleep impairment is granted.

The Veteran's claims for increased disability rating and service connection for lumbar spine, cervical spine/neck, and left knee disabilities are being remanded due to the need for additional medical examinations.

The Board has dismissed the appeal due to a withdrawal request from the Veteran's authorized representative.

The Veteran's appeal to reopen his service connection claim for degenerative disc disease, lumbar spine, L4-L5 with bulging discs was dismissed because the Veteran withdrew his appeal.

The Board has remanded the Veteran's claims for lower back disorder, left knee disorder, and right knee disorder due to insufficient medical opinions addressing the nature and origin of his disorders. The VA must obtain additional records from private providers and provide new VA opinions that consider all evidence of record, including the Veteran's lay statements.

The Veteran's initial compensable disability rating for chronic headaches prior to June 17, 2013, is denied. The Board finds that the evidence does not support a finding of prostrating attacks averaging one in two months or more frequently.

The Veteran's appeal is remanded due to the failure to properly notify him of scheduled VA examinations. The Board will determine whether he was notified at his correct address and if there were any issues with the delivery.

The Veteran's claims for higher ratings and a TDIU have been remanded due to procedural issues. The initial rating for unspecified depressive disorder prior to May 21, 2019 was denied, while the claim for major depressive disorder from that date has been granted at 70%. The lumbosacral strain claim was also denied prior to May 21, 2019 and the degenerative arthritis of the lumbar spine and IVDS claim was granted at 20% effective May 21, 2019. The radiculopathy of the right lower extremity claims were both granted with a 20% rating from October 23, 2020. The TDIU claim prior to July 11, 2014 was denied.

The Veteran's service-connected disabilities, including PTSD and depression, have rendered him unable to secure or follow substantially gainful employment.

The Board has reopened the Veteran's claims for service connection for right knee disorders, lumbar spine disorder, and respiratory disorder. The cases are remanded for further development including obtaining VA examinations to determine the nature and etiology of these conditions.