Back / lumbar spine decisions — 2023

The Veteran's appeal for a rating in excess of 20 percent for his lumbosacral spine condition has been dismissed as the Veteran withdrew his appeal prior to the Board making a decision.

The Board has remanded the claims for further development, including obtaining a VA examination and verifying the Veteran's mailing address.

The Veteran's claim for service connection for various disabilities, including PTSD and depressive disorder, has been reopened. The Board finds that new evidence supports reopening the claim but remands the case to obtain additional records and provide medical opinions on the issues of service connection.

The Veteran's low back disability is rated at 40 percent from September 27, 2016 to August 23, 2021. The issue of TDIU due to service-connected disabilities was granted and effective from September 27, 2016.

Your claim for service connection for a back disability is being remanded because we need to obtain your Social Security Administration records and you have not completed the necessary forms.,Your claims for service connection for radiculopathy of the right lower extremity are also being remanded due to incomplete forms. We need you to complete and return VA Forms 21-8940 and 21-4192.,Your TDIU claim is being remanded because we need you to cooperate in obtaining evidence needed to adjudicate your claims, including completing the necessary forms.

The Board has remanded the claims for service connection due to insufficient evidence regarding the nature and etiology of the Veteran's claimed foot disability and back disability. New VA examinations are needed.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent and greater than 20 percent for degenerative arthritis, lumbar spine due to inadequate development.

The Veteran's service-connected lumbar spine and right hip disabilities are being remanded for further evaluation due to the need for updated VA treatment records and a new examination.

The Veteran's claim of service connection for a low back disability is granted, with the presumption that his current condition began during active service.

The Veteran's appeal for service connection of a lumbar spine disability has been dismissed as he withdrew his appeal in November 2022.

The Board has remanded the Veteran's claims for lower back, left ankle, and bilateral knee conditions due to inadequate VA examination reports. The Veteran's preexisting conditions are presumed to have existed prior to service.

The Board has remanded the claim for service connection of a thoracolumbar spine disorder due to noncompliance with the remand instructions, specifically failing to elicit information from the Veteran regarding his 2006 post-service motor vehicle accident.

The Veteran's appeals for service connection for bilateral eye and shoulder disabilities have been withdrawn, resulting in their dismissal. The Board has also remanded the issues of service connection for lumbar back disability, bilateral knee disability, and acquired psychiatric disorder.

The Veteran's claims for effective dates earlier than May 21, 2012 for left great toe neuropathy and left lower extremity sciatica have been denied as the effective date is based on the date of receipt of the claim.,The Veteran's claims for service connection for cervical spine DDD, degenerative arthritis of the lumbar spine, right lower extremity sciatica, and a lumbar scar received August 31, 2011 have been denied as there are no earlier unaddressed filings or communications that would warrant an earlier effective date.

The Veteran's claim for a higher rating for thoracolumbar strain prior to April 29, 2016 was denied as the disability did not meet the criteria for a higher rating under the General Formula for Diseases and Injuries of the Spine.

The Board has determined that the claims for service connection for a back disability and left ear hearing loss need further development due to incomplete verification of the Appellant's periods of active duty, training, or inactive duty. The VA examinations performed were inadequate as they did not consider the Veteran's lay assertions regarding symptom onset and continuity.

The Board has remanded the claims for service connection for back and neck disabilities, as well as radiculopathy of the lower and upper extremities. The remand requires a VA examination to address the Veteran's lay statements regarding continuity of symptoms since service.

The Board has remanded the claims for a higher rating for low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The Veteran is also seeking an earlier effective date for his separate rating of right lower extremity radiculopathy.

The Veteran's claims for service connection for various conditions, including OSA, sarcoidosis, back disability, radiculopathy, and hip disabilities are granted. However, some issues remain remanded due to the need for additional medical opinions.

The Veteran's lumbar spine disability is rated at 20 percent since July 15, 2013. A separate 10 percent rating for left lower extremity radiculopathy is also granted from that date. The right shoulder issue has been remanded.