Back / lumbar spine decisions — 2023

The Veteran's appeal for a higher rating and TDIU prior to February 10, 2019 was dismissed due to the death of the Veteran. The Board has no jurisdiction to adjudicate these claims as the Veteran died during the pendency of the appeal.

The Board has decided to remand the Veteran's claims for increased ratings due to potential increase in severity of his back disability, left lower extremity radiculopathy, and residual surgical scar. The Veteran will be provided with a new VA examination to determine current levels of impairment.

The Board has remanded the cases for additional development due to inadequate opinions regarding the Veteran's functional loss and impairment during flare-ups and with repeated use over time.

The Board has remanded the claims for bilateral foot disorders and lower back disability, as well as related radiculopathy disabilities due to inadequate VA examinations and failure to substantially comply with prior remand directives.

The Veteran's low back disability is currently rated at 20 percent, which does not meet the criteria for a higher rating.,PTSD was rated at 70 percent prior to September 19, 2020. The Veteran's PTSD symptoms did not warrant a higher rating.

The Board has granted service connection for bilateral nystagmus and lumbar spine DJD, both of which are deemed to be related to the Veteran's military service. These decisions are made in favor of the Appellant for purposes of accrued benefits for burial expenses.

The Board has determined that further development is necessary for the Veteran's claims of service connection for various conditions, including depression, lumbar and cervical spine disabilities, left upper extremity radiculopathy, right knee patellofemoral pain syndrome, jaw disability, GERD, IBS, and tension headaches. The records will be sought to provide more information on these claims.

The Veteran's claims for service connection for lumbosacral arthritis and hernia have been reopened, but the Board has determined that additional evidence is needed to make a determination on these claims.

The Board has remanded the case due to inadequate compliance with previous instructions and a need for further medical opinion regarding service connection for a lumbar disc disorder.

The Board has granted service connection for low back disability, neck disability, left arm disability, MDD, PTSD, and OSA. The conditions are all found to be related to the Veteran's active service.

The Board has remanded the claims for service connection due to inadequate medical opinions and potential issues with pre-existing conditions. Additional evidence is needed, including VA treatment records and an addendum medical opinion.

The appeal for service connection for bilateral hearing loss is dismissed.,Service connection for tinnitus is granted.,Service connection for a low back condition is denied.,The claims for service connection for left shoulder, right shoulder, and left ankle conditions are remanded.,The claim for service connection for acid reflux (GERD) is remanded.

The Board has granted service connection for left hip, back, and right knee disabilities. The conditions are deemed to be directly related to the Veteran's military service.

The Veteran's claims for an earlier effective date for service connection of right lower extremity radiculopathy and increased rating for major right shoulder disability are denied. The Veteran was not granted these benefits until March 17, 2017.,For the psychiatric disability, the Veteran received a grant of increased ratings from June 2, 2021 onwards.

The Veteran's PTSD is granted at a 70 percent rating. Service connection for his low back disability, left and right knee strains are remanded due to new evidence received since the last denial.

The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation prior to October 21, 2022. The Board has found that the evidence is in at least approximate balance and any remaining reasonable doubt is resolved in favor of the Veteran. TDIU is granted prior to October 21, 2022.

The Veteran's service-connected back and skin disabilities do not render him unable to secure or follow a substantially gainful occupation, thus his claim for TDIU is denied.

The Veteran's claims for service connection for an acquired psychiatric disorder, to include PTSD, adjustment disorder and anxiety, and a low back disability have been remanded due to the need to verify in-service stressors and obtain additional medical opinions.,New evidence has been received that may support the Veteran's claims, including buddy statements regarding his mental health after service.

The Board has remanded the Veteran's claims for neck disability, left leg disability (excluding shin splints), right leg disability (excluding shin splints), right arm disability, and left arm disability due to inadequate VA examination opinions. The AOJ is instructed to address all submitted evidence.

The Board has granted the Veteran's claim for service connection for a low back disability, finding that the evidence supports a grant of entitlement to this condition due to in-service injury and continued symptoms since service.