Back / lumbar spine decisions — 2023

The Board has remanded the claims for increased rating and entitlement to TDIU due to deficiencies in the VA examination provided. The Veteran needs to provide updated treatment records, undergo a VA examination, and have their service-connected conditions evaluated.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment, as he has maintained and is capable of maintaining such employment throughout the appeal period.

The Board has found that there has not been substantial compliance with the previous remand directives for both hypertension and low back injury issues, and thus these cases are being returned to the RO for further development.

The Veteran's PTSD was granted a 100% rating for the period prior to April 12, 2017. The issue of TDIU for the period prior to February 12, 2016 is dismissed as moot due to his concurrent TDIU award based on PTSD. SMC under 38 U.S.C. § 1114(s) was denied for the period prior to July 27, 2016.

The Board has decided to remand the case due to incomplete examination reports and further development is required.

The Board has granted service connection for a lumbar spine disorder and found that the Veteran's current condition is etiologically related to his active service. The case was remanded for further action on a TDIU claim.

The Veteran's claim for restoration of a 40 percent rating for degenerative disc disease of the thoracolumbar spine is granted, while his claim for a higher rating remains denied.

The Board has remanded the issues of service connection for lumbar spine degenerative disc disease and chronic diarrhea/irritable bowel syndrome (IBS) due to conflicting medical opinions.

The Board has remanded the claims for service connection due to insufficient medical opinions addressing the Veteran's lay reports of in-service symptoms and their relevance to his current conditions.

The Board has denied service connection for vision disability (blurred vision) and loss of weight. The claims for headache disorder, back disorder, sexual dysfunction, tremors, and balance problems are being remanded due to the need for additional examinations.,Service connection is not granted for any of the conditions listed above as there is insufficient evidence linking them to service or service-connected disabilities.

The Veteran's LLER was granted a 40 percent rating as of September 12, 2020. Prior to this date, the claim for an increased rating was denied.,A 60 percent rating for asthma was granted as of September 12, 2020. The Veteran's BHL is assigned a non-compensable rating.

The Veteran's claim for service connection for dementia as a residual of a traumatic brain injury (TBI) has been reopened and granted.,Service connection is also granted for low back arthritis with recurrent lumbar sprains, recurring dermatitis and actinic keratosis of the skin, allergic conjunctivitis of both eyes, and major depressive disorder with anxiety secondary to service-connected dementia.

The Veteran's claims for increased ratings in various conditions have been dismissed as the Veteran requested their withdrawal prior to a Board decision.

The Board has remanded the Veteran's claims of service connection for recurrent lumbar spine and right shoulder disabilities due to incomplete records and a need to obtain SSA disability benefits information.

The Board has decided that the Veteran's claims for sleep apnea and thoracolumbar spine disability should be remanded due to insufficient evidence, including lack of records prior to 2009. The Board also requested additional opinions regarding whether obesity caused by service-connected conditions is a substantial factor in causing these disabilities.

The Board has remanded the claims for service connection for various lower extremity and spinal disorders due to inadequate VA medical opinions. The Veteran's lay statements regarding in-service injuries are not addressed, nor is secondary service connection considered.

The Board has dismissed the issue of service connection for scoliosis due to withdrawal by the Veteran. The lumbar spine disability rating claim is remanded as there are allegations of worsening since the last VA examination in June 2015.

The Veteran's back disability is rated at 20 percent effective October 27, 2021. The rating was increased from a previous 10 percent prior to that date.

The Board has remanded the case due to a need for a retrospective opinion regarding the Veteran's back disability during flare-ups in 2016.

The Board has remanded the claims for service connection for low back and right knee disabilities due to insufficient evidence. The claims will be reviewed again with additional information from the Appellant's military records, treatment records, and any other relevant documents.