Back / lumbar spine decisions — 2023

The Board has decided that the Veteran's low back disability may be related to his active service, but needs further evidence before a decision can be made.

The Veteran's claim for an increased rating for his back disability was denied because he failed to report for a necessary VA examination without good cause.

The Veteran's claims for increased evaluation of lumbosacral strain and TDIU are being remanded due to the need for additional development, including scheduling VA examinations.

The Board has remanded the case due to an inadequate medical opinion and requests for additional VA records. The claim will be reconsidered after these actions.

The appeal of the denial of service connection for a low back disability is dismissed due to the Veteran's death.

The Veteran's service-connected lumbar spondylosis, right and left lower extremity sciatic radiculopathy, and femoral radiculopathy have been evaluated based on their respective diagnostic codes. The Board found that the evidence did not support a higher rating for any of these conditions.

The appeal has been dismissed due to the Veteran's death. The Board does not have jurisdiction to adjudicate the merits of this appeal at this time.

The Board has ordered a VA examination to determine the nature and etiology of any current back disorder, including whether it is related to service. The Veteran must cooperate by reporting for the scheduled examination.

The Board has remanded the claims for lumbar spine disability, hepatitis C, and tuberculosis due to new evidence submitted by the Veteran. The hearing testimony provided during his April 2019 Board hearing is considered new and material evidence that raises a reasonable possibility of substantiating these claims.

The Board has remanded the cases due to inadequate nexus opinions regarding the etiology of the Veteran's low back and left leg disabilities. The claims are not related to service connection.

The Board has remanded the claims for service connection for low back, left knee, and right knee disabilities due to inadequate consideration of lay statements and new medical opinions.

The Board has granted service connection for Meniere's disease, high blood pressure, and sleep apnea on a secondary basis to the Veteran's service-connected tinnitus and depressive disorder.,Service connection was denied for gout, back condition, and COPD as there is no medical evidence linking these conditions to military service.

The Veteran's service-connected disabilities, including cervical strain, lumbosacral strain, and depression, have prevented him from securing or following substantially gainful employment during the period on appeal.

The Board has determined that there has not been substantial compliance with the directives to obtain missing service dental treatment records and schedule VA examinations for the Veteran's claimed disabilities. The appeal is being remanded again due to these issues.

The Veteran's claims for increased ratings for back disability, left and right lower extremity radiculopathy were denied as the evidence did not show that his disabilities warranted a higher rating based on limitation of motion or associated neurologic conditions.

The Veteran's back disability is rated at a 40 percent rating from October 1, 2006 to October 5, 2020.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to April 6, 2010, finding that his service-connected disabilities did not render him unemployable prior to this date.

The Board has granted the Veteran's petitions to reopen his claims for service connection for lumbar spine, left shoulder, right shoulder, and radiculopathy of the left lower extremity. The cases are remanded for additional examinations.

The Veteran's service-connected disabilities, including postoperative lumbar intervertebral disc syndrome and a surgical scar of the lumbar area, rendered him unable to secure or follow a substantially gainful occupation prior to January 26, 2013. The Board granted entitlement to TDIU on an extraschedular basis.

The Board has remanded the case due to inadequate VA examinations and incomplete medical records. The Veteran's lumbar spine disability, radiculopathy of the sciatic nerve in both lower extremities, and femoral nerve radiculopathy need to be re-evaluated.