Back / lumbar spine decisions — 2023

The Board has remanded the claims for increased ratings and effective dates due to inadequate examinations, and also for a TDIU and SMC based on need for aid and attendance or housebound status.

The Board has granted an effective date of January 25, 2007, and no earlier for the award of a total disability rating based on individual unemployability (TDIU). The Veteran's service-connected disabilities prevented him from obtaining and retaining substantially gainful employment as of that date.

The Veteran's claim for a higher rating for lumbosacral strain with degenerative arthritis was denied, and the case is remanded due to an unclear decision on TDIU.

The Board denied service connection for a back disability and bilateral hearing loss, finding no evidence of chronic conditions in service or within one year after discharge.,Service connection was not granted as the Veteran's current disabilities are not shown to be related to his military service.

The claim to reopen the previously denied claim for service connection for a right ankle disability is denied. The claim for a rating in excess of 20 percent for degenerative arthritis of the spine (a back disability) is remanded.

The Board has remanded the Veteran's claims for additional development due to new evidence submitted after the issuance of a Supplemental Statement of the Case (SSOC). The claims include service connection for bilateral eye condition, liver condition, back condition, and bilateral lower extremity radiculopathy. Additional VA examinations are needed to address the etiology of these conditions.

The Board has granted effective dates of November 15, 2016 for the awards of a 10% disability rating for bilateral hallux valgus. The issues of increased ratings for other conditions are remanded.

The Veteran's appeal is being remanded due to inadequate VA examination opinions and failure to comply with prior remand directives. The issues of entitlement to a higher rating for lumbosacral strain with arthritis, and service connection for a right big toe disability are both being remanded.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for degenerative disc disease of the lumbar spine prior to February 12, 2019 and from February 12, 2019 forward due to errors in the decision-making process.

The Board denied the Veteran's claims for revision of the June 1993 rating decision that granted service connection for a back disability and assigned an initial disability rating of 20 percent, finding no CUE in the decision.

The Board has remanded the claims for service connection for a right shoulder disability, low back disability, and associated lumbar radiculopathy of the lower extremities due to incomplete medical records and need for further development.

The Board has remanded the case for additional development, including obtaining medical opinions and records related to the Veteran's low back and right knee disabilities. The issues of service connection for these conditions are being addressed.

The Board dismissed the appeal due to the appellant's death during the pendency of the case.

The Board has denied the Veteran's claim for service connection for low back disability, finding that it is not related to her service-connected bilateral plantar fasciitis with bilateral bunions and/or bilateral foot neuropathy.

The Board has dismissed all issues related to the Veteran's service connection claims due to his death.

The Board has remanded the case due to inadequate retrospective medical opinions regarding the severity of the Veteran's service-connected intervertebral disc syndrome (IVDS) prior to March 25, 2020.

The Veteran's claims for higher ratings on his service-connected neck, low back, GERD, and esophageal stricture disabilities are being remanded due to inadequate examinations and the need for clarification of functional loss.

The Board denied service connection for psychiatric disorders, lumbar spine disability, left arm disability, left ankle disability, and right ankle disability due to lack of evidence supporting a diagnosis of PTSD and insufficient evidence linking the disabilities to service.

The Board has decided to remand the Veteran's claims for additional development due to outstanding private treatment records.

The Veteran's service-connected low back disability, urinary incontinence, and fecal incontinence have been granted as secondary to the primary condition of his low back disability.