Back / lumbar spine decisions — 2023

The Board has determined that the Veteran's right knee and thoracolumbar spine disabilities were not incurred or aggravated during his active military service. The medical evidence does not support a finding of nexus between these conditions and his service.

The Board has granted service connection for the Veteran's back disability, but remanded the issues of service connection for left hip, right hip, left foot, and right foot disabilities due to unclear diagnoses and lack of medical documentation.

The Board has remanded the case due to inadequate medical opinions regarding the relationship between the Veteran's service-connected lumbar spine disability and his death. The appellant asserts that the service-connected condition caused significant weight gain, which led to depression, diabetes, and cardiovascular disease, contributing to the Veteran's death.

The Veteran's low back disability is rated at 40 percent, but the Board has remanded the case for further evaluation due to limitations in range of motion and other symptoms.

The Veteran's claims for increased ratings of migraine headaches and degenerative disc disease of the lumbar spine were denied. The Veteran is presumed to seek the maximum available benefit, so these issues remain on appeal.

The Board has granted entitlement to a TDIU from May 31, 2018. The appeal is remanded for further consideration of the claim for service connection for sleep apnea.

The Board has remanded the case due to insufficient reasoning in its previous decision regarding a disability rating for lumbar spine degenerative arthritis prior to November 1, 2019. The Veteran is required to provide additional medical evidence and an examiner will be requested to review the records and provide a retrospective opinion.

The Board has remanded several service connection claims and the TDIU rating claim due to outstanding VA treatment records, potential radiation exposure during service, and other issues. The Veteran's case will be further developed before being reconsidered.

The Board has remanded the Veteran's claims for service connection for various joint disabilities, including right knee arthritis, bilateral hip arthritis, bilateral shoulder degenerative arthritis, and lumbar spine disability. The claims are being returned to the RO for further development.

The Board has remanded the TDIU claim due to insufficient explanation in a previous decision regarding the use of Percocet for treating lumbosacral muscular strain.

The Veteran's lumbar spine disability, right and left lower extremity sciatic radulopathy, and left knee disability are rated at 20 percent each. The Veteran is granted a TDIU rating since July 3, 2013, and SMC at the housebound rate from November 17, 2016 to December 19, 2017.

The appeal for increased ratings on the Veteran's cervical, thoracic, and lumbar spine disabilities is being remanded due to lack of substantial compliance with previous Board directives. Additional VA examination and treatment records are needed.

The Board dismissed the appeals for increased ratings and TDIU as the appellant withdrew his appeal prior to a decision being made.

The Board has remanded the case due to inadequate reasons and bases for its denial, reliance on inadequate medical opinions, and failure to fulfill its duty to assist. The Veteran is scheduled for a VA examination to determine the severity of his service-connected low back disability.

The Board has remanded the claims for service connection for various disabilities, including neck disability, bilateral shoulder disability, back disability, hip disability, and knee disability due to incomplete development. The Veteran's lay statements and VA treatment records will be reviewed, along with any additional medical evidence.

The Veteran's lumbar spine disability was granted a 40% rating effective January 10, 2019.,Effective November 21, 2019, the Veteran's left lower extremity radiculopathy is rated at 10%. The TDIU became effective on December 17, 2021.

The Veteran's initial ratings for thoracolumbar DJD, LLE radiculopathy, and RLE radiculopathy have been granted at the maximum available rating of 60 percent. SMC based on one service-connected disability rated as total (due to additional service-connected disabilities) has also been granted.

The Veteran's low back disability was denied higher ratings prior to December 11, 2020 and as of that date. Higher ratings for right and left lower extremity radiculopathy were also denied.

The Board has remanded the case due to an inadequate September 2020 VA examination and a need for further medical evaluation.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment prior to October 11, 2021. The Board found the most persuasive evidence against a finding that his disabilities prevented him from performing all types of work.