Back / lumbar spine decisions — 2023

The Board has remanded the Veteran's claims for an initial disability rating in excess of 10 percent for low back disability and entitlement to a TDIU due to service-connected disabilities. The case is returned to the AOJ for further procedural processing, including obtaining additional information from the Veteran regarding his employment status.

The Board has decided to remand the case for further development, including obtaining missing service records and a medical opinion regarding the Veteran's back disorder.

The Veteran withdrew his appeals for initial compensable evaluation of surgical scar of the midline back and an evaluation in excess of 60 percent for lumbar spinal stenosis from April 1, 2017.

The Board has remanded the claims for further development due to the need to obtain additional medical records, particularly from Italy where the Veteran worked as a civilian employee of the Department of Defense.

The Board has remanded the claims for service connection and TDIU due to incomplete medical opinions and missing records. The Veteran's low back and left knee disabilities are being reviewed again.

The Board has determined that the Veteran's lower back and neck conditions are at least as likely as not related to his active-duty service, granting entitlement to service connection for these conditions.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine, status post lumbar spinal fusion with transverse myelitis is denied. Separate ratings of 30 percent and 20 percent are granted for left lower extremity radiculopathy and right lower extremity radiculopathy respectively.

The Veteran's low back disability is rated at 40 percent since June 25, 2021. The rating is based on the degree of impairment from his condition, which more nearly approximates forward flexion of the thoracolumbar spine to 30 degrees or less.

The Board has remanded the case due to insufficient information regarding the Veteran's back disability, specifically concerning pain and neurological symptoms. The Veteran is required to undergo a new VA examination to provide this necessary information.

The Board has granted the Veteran's petitions to reopen her previously denied claims for service connection for headaches, tinnitus, rheumatoid arthritis, a lumbar spine disorder, a right ankle disorder, a left ankle disorder, a right wrist disorder, and a left wrist disorder. The appeals are remanded for further development.

The Board has reopened the Veteran's claim for service connection of a lumbar spine disorder and remanded it for further development.

The Board has remanded the case for further development, including obtaining a medical opinion to address the nature and etiology of the Veteran's lumbar spine disability, which may be related to her service-connected right and left knee disabilities.

The Veteran is granted SMC benefits under Section 1114(o) for his service-connected disabilities and also SMC benefits at the (r)(1) rate due to need for regular aid and attendance. The issues of entitlement to SMC under Sections 1114(k), (l), and (m) are moot as they provide lesser benefits than Section 1114(o).

The Board denied service connection for a right knee disability, back disability, and bilateral hearing loss. The Veteran's claims were not supported by medical evidence linking his current conditions to service or any presumptive exposure.

The Board has remanded the claims for service connection for a low back disorder and COPD due to inadequate medical opinions and need for additional evidence. The Veteran's lay statements regarding his symptoms will be considered.

The Board has dismissed the claims of service connection for back and bilateral foot disabilities due to the appellant's death.

The Board has remanded the claims for service connection for DM, peripheral neuropathy of the upper and lower extremities due to in-service treatment records indicating a prior diagnosis.

The Board denied service connection for atrial fibrillation, coronary artery disease, cervical spine disorder, back disorder (likely thoracolumbar spine), carpal tunnel syndrome, and vertigo as secondary to the Veteran's service-connected fibromyalgia. The claims were remanded for further development.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's lumbar spine disability was aggravated by his service-connected knee, hip, and hamstring disabilities. The claim is being returned for further development.

The Veteran's service-connected disabilities rendered her unable to secure and maintain substantially gainful employment for the period on appeal from October 23, 2019.