Back / lumbar spine decisions — 2023

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional VA treatment records.

The Veteran's appeal is remanded due to the need for further evaluation and determination of his service-connected conditions, including PTSD with depression and insomnia, degenerative arthritis of the spine, bilateral pes planus, left knee disorder, neck disorder, neurological disorder, diabetes mellitus type 2, and eye/vision disorder.

The Board has granted service connection for the Veteran's low back condition. The bilateral hip condition is remanded due to incomplete records.

The Veteran's claim for a rating in excess of 50 percent for migraine headaches has been denied.,The Veteran is granted a TDIU rating due to service-connected disabilities.

The Board has denied the Veteran's claims for service connection for neck, low back, and right-hand conditions. The decision found that there is no evidence of a direct relationship between these conditions and active duty service.

The Veteran's appeal is remanded for additional examinations and to obtain relevant medical records. The issues include increased ratings for various service-connected disabilities, including cervical spine disability, lumbar spine disability, radiculopathy of the lower extremities, major depressive disorder, hiatal hernia with GERD, and a scar.

The Veteran's claim for a higher rating for chronic lumbar strain is remanded due to inadequate VA examinations. A new examination and opinion are needed to assess the extent of range of motion, flare-ups, and repetitive use.

The Board has remanded the Veteran's claims for cervical spine strain and sacroiliac joint and lumbar facet dysfunction (lumbar disability) due to insufficient examination findings regarding the severity of her service-connected conditions.

The Board has remanded the cases due to new evidence being added to the claims file, and the Veteran wants an initial review by the AOJ.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) because his service-connected lower back injury did not prevent him from securing or following any substantially gainful occupation.

The Veteran's lumbar degenerative disc disease and radiculopathy of the left lower extremity have been granted initial evaluations, with the right lower extremity radiculopathy also being established. The Veteran's lumbar spine disability has been rated at 40 percent since November 2, 2020.

The Board has denied the Veteran's claims for service connection for a low back disability, right knee disability, and anxiety secondary to a low back disability due to lack of evidence showing an in-service injury or disease.

The Board has partially vacated its November 2019 decision due to procedural errors, and the appeals for higher disability ratings for neck and back disabilities are dismissed as they were withdrawn from the Legacy appeals system.

The Board has determined that additional medical examinations and opinions are needed to determine the relationship between the Veteran's claimed conditions and his active service, including any potential exposure to toxic substances. The claims for hypertension, heart condition, skin condition, spinal stenosis and degenerative arthritis of lumbar spine, gastrointestinal disorders (GERD), colon polyps, and respiratory disorder are all remanded.

The Veteran's appeal is remanded for additional examinations and opinions regarding his neck, back, right hip disabilities, diabetes mellitus, and balance issues. The claims are also remanded to determine if the service-connected left varicocele caused or aggravated these conditions.

The Board has remanded the Veteran's claim for an additional VA medical opinion to address the nature and etiology of her cervical spine disability, including whether it is related to service or due to her service-connected lumbar spine disability.

The Veteran's appeal for increased ratings and service connection is being remanded due to the complexity of the issues.,For tinnitus, a higher rating is denied as it does not meet the criteria for extraschedular evaluation.

The Veteran's claim for service connection for a skin disability, psychiatric disability (other specified trauma or stressor related disorder), chronic neck disability, chronic back disability, IBS, and vertigo is granted. The claims for service connection for the neck and back disabilities are remanded.

The Board has remanded several issues related to the Veteran's claims, including service connection for various disabilities and compensation under 38 U.S.C. § 1151 for colon cancer.

The Veteran's PTSD has been granted a 100% rating. The right knee disorder and intervertebral disc syndrome with degenerative disc disease and paraspinous myositis have both been remanded for further evaluation.