Back / lumbar spine decisions — 2023

The Veteran's migraine headaches are granted a 10 percent rating. The Board finds the evidence reasonably shows that his migraines have characteristic prostrating attacks averaging one in two months, corresponding to the criteria for at least a 10 percent rating under DC 8100. Other issues related to left hip disability, unspecified anxiety disorder and lumbar spine disability are remanded.

The Board has decided to remand the Veteran's claims for increased rating and service connection due to incomplete medical records and need for further examination.

The Board denied the Veteran's claims for service connection for a back disability and metabolic disability, including obesity, hypogonadism, metabolic syndrome, low testosterone, hypertension, hyperlipidemia, and impaired glucose tolerance. The Board found no objective indication of a qualifying chronic disability as contemplated by 38 C.F.R. § 3.317(a)(3), (4).

The Board has remanded the case due to an inadequate VA examination, and a new one must be obtained.

The Veteran's appeal for service connection of a lumbar spine disorder has been dismissed due to the death of the Veteran during the pendency of the appeal.

The Board has remanded the case for further development, including obtaining a retroactive medical opinion to determine the severity of the Veteran's back disability from January 1, 2011 to September 30, 2019.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's low back disorder. The TDIU claim is dismissed as moot.

The Veteran withdrew his appeals for service connection for a back disability, hypertension, and a compensable rating for fractures to his fingers before the Board could make a decision.

The Board has reopened the claims for right shoulder, left shoulder, kidney disability (secondary to herbicide exposure), low back disability, bilateral hearing loss, and hypertension. However, service connection was not granted for any of these conditions.

The Board found that the Veteran's additional cardiovascular, esophageal, pulmonary, and lumbar spine disorders are not due to VA negligence or fault during treatment for lung cancer.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for non-scarring residuals resulting from an umbilical hernia repair, patellofemoral syndrome of the right knee, patellofemoral syndrome of the left knee, chondromalacia of the patella of the right knee, and instability of the left knee. The Veteran's claims for a rating in excess of 10 percent for patellofemoral syndrome of the right knee, patellofemoral syndrome of the left knee, and instability of the right knee are also remanded.

The Veteran's appeals for increased ratings on multiple conditions have been dismissed due to the Veteran's withdrawal of her appeals.

The Board denied service connection for prostate cancer, lumbar spine disability, urinary incontinence, right lower extremity peripheral neuropathy, and left lower extremity peripheral neuropathy as they were not related to the Veteran's active duty service. The Veteran's exposure to herbicide agents was not verified, and there is no evidence of his presence in Vietnam.

The Board has remanded the claims for service connection of an acquired psychiatric disorder, a back condition, and residuals of Chiari malformation due to incomplete development. The Veteran's subjective experience in service is considered sufficient for diagnoses of PTSD and unspecified bipolar disorder.

The Board has decided that the Veteran's claims for service connection for various disabilities, including bilateral hearing loss, sleep apnea, shortness of breath, headaches, and shoulder, neck, lumbar spine, and leg disabilities, should be remanded due to lack of reliable audiometric testing results and need for further examination.

The Board has denied the Veteran's claims of service connection for various conditions, including bilateral hearing loss, an acquired psychiatric disorder (anxiety), right shoulder disorder, left shoulder disorder, back disorder, left knee disorder, and right knee disorder. The evidence does not support a finding that these conditions are related to his active duty service.

The Board has remanded the claim for service connection for a thoracolumbar spine disorder due to inadequate explanation of why presumptive service connection is not granted.

The Board has remanded the claims of increased ratings for lumbar spine disability, right and left knee disabilities, and associated radiculopathy due to inadequate examination findings and unclear onset dates.

The Veteran's low back disability is rated at 40 percent, which is the maximum schedular rating available. The Board denied a higher rating as his condition does not meet the criteria for an increased rating.

The Veteran's service-connected lumbosacral strain and degenerative arthritis prevented him from securing or following a substantially gainful occupation prior to September 9, 2015.