Back / lumbar spine decisions — 2023

The Veteran's adjustment disorder is granted a 70 percent rating, headaches and obstructive sleep apnea are service connected as due to his adjustment disorder, and lumbar spine disability (degenerative arthritis) is also service connected. Other conditions have not been linked to service.

The Veteran's total disability rating based on individual unemployability (TDIU) claim is granted due to the combined disability rating of his service-connected conditions meeting the schedular requirements.

The Board has decided to remand the case due to a miscommunication regarding a VA examination for the Veteran's low back disability. The examiner did not address all pertinent information provided in the remand, and the Veteran is requested to be rescheduled for an examination.

The Board has remanded the cases due to lack of substantial compliance with previous directives. The Veteran's acquired psychiatric disorder and lumbosacral or cervical strain are both being reviewed for service connection.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions in her VA examinations and a need for additional development.

The Veteran's lumbar spine DDD has worsened, and a new VA examination is needed to assess the current level of disability.

The Board has denied service connection for lumbar spine, cervical spine, neurological disability of the lower extremities, left upper extremity neuropathy, right upper extremity neuropathy, and vertigo as there is no evidence that these conditions are related to service.

The Veteran's claims of service connection for a back condition, bilateral hearing loss, and tinnitus are remanded due to insufficient evidence. Additional medical records need to be obtained, and further examinations are required.

The Veteran's appeal for service connection of a low back disorder has been dismissed due to the death of the appellant. The Board does not have jurisdiction to adjudicate this claim as the appellant is deceased.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of chronic disease during or within one year after service discharge and concluding that any current condition is not related to service.

The Board has granted the Veteran's claim for service connection for a lower back disability, including pain. The evidence is at least balanced as to whether the Veteran's current condition began during service.

The Veteran's motion to vacate the November 8, 2022, Board decision was granted. The claims for at least separate compensable evaluations for right and left leg radiculopathy from May 29, 2007, to May 13, 2015 are remanded.

The Board denied the Veteran's claims for service connection for a back disability and lung cancer as accrued benefits due to lack of evidence linking these conditions to his military service.,The Board found that there was no causal relationship between the Veteran's diagnosed back condition and his service, with the earliest reported symptoms occurring decades after discharge.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine, and he currently receives a 40 percent rating.

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to November 27, 2016. The Board granted a TDIU on an extraschedular basis.

The Board has denied the Veteran's claims for service connection for a back disorder, neck disorder, and right elbow disorder. The evidence does not support a finding that these conditions are related to service.

The Veteran's claims for service connection for degenerative arthritis of the spine, degenerative disc disease, and sciatic radiculopathy of right lower extremity have been reopened. The Board has determined that these conditions are related to his active military service and granted service connection.

The Veteran's appeals for service connection for loss of vision, bilateral hearing loss, and hypertension have been dismissed. The Board has remanded the claims for service connection for a back disability, an acquired psychiatric disability (PTSD), diabetes mellitus, type II, and a gastrointestinal disability.

The Veteran's claim for service connection for a back disability was denied in July 2004 due to lack of evidence. The Board has now reopened the claim based on new and material evidence, but remanded for further examination and opinion regarding whether the current back disability is related to active duty or secondary to service-connected knee and right ankle disabilities.

The Veteran's obstructive sleep apnea is granted as secondary to service-connected unspecified depressive disorder and degenerative arthritis of the cervical spine. The right knee, right hip, left ankle, and low back disabilities are remanded for further examination.