Back / lumbar spine decisions — 2023

The Board has determined that additional relevant service medical and personnel records have been received, necessitating the reconsideration of multiple claims for various disabilities.

The Board denied the Veteran's claim for service connection for a low back disability and remanded the issue of an increased rating for his left shoulder disability.

The Board has granted special monthly compensation (SMC) based on the need for aid and attendance from September 20, 2017. The Veteran's service-connected disabilities cause him to be at a high risk of falling due to numbness in his hands and feet.

Service connection is granted for lumbar spine and rhino-sinus disorders. The claims for tinnitus, left foot disorder, and right foot disorder are remanded.

The Board has granted service connection for cervical spine and thoracolumbar spine disabilities, as well as alcohol abuse disability and peripheral neuropathy of the left and right lower extremities.,Reasoning: The medical evidence supports a finding that these conditions are related to service.

The Board has remanded the case for additional development due to incomplete VA examination reports and a need for a new VA examination.

The Veteran's low back disability is currently rated as 20 percent prior to December 27, 2019 and 40 percent as of that date. The right ankle disability was initially rated at 10 percent prior to December 27, 2019 and now rated at 20 percent.,The claims for service connection for a right knee disability, increased ratings for the low back and right ankle disabilities, and the remanded issues are pending.

The Board has remanded the Veteran's claims for service connection due to discrepancies in her active duty dates and outstanding medical records. The issues include back disability, depression, vertigo, migraines, bilateral wrist pain, right foot disability, and left eye disability.

The Board has determined that additional development is needed to determine if the Veteran's service-connected disabilities contributed to his death, and to consider new evidence submitted by the appellant.

The Board has remanded the claims for service connection due to insufficient discussion of the appellant's reported in-service incidents and injuries, particularly regarding his acquired psychiatric disorder and lower back disorder. The claims are being returned for further development.

The Veteran was granted a TDIU for the period from June 22, 2015 to August 9, 2020 due to his service-connected disabilities. For the earlier period, he did not meet the criteria.

The Veteran's initial claim for a low back disability was denied, and her subsequent increased rating claims were also denied. The Board found that the evidence did not support ratings in excess of 10 percent or 40 percent from October 24, 2016 to September 28, 2017, and from September 29, 2017 respectively.

The Veteran's claim for increased ratings for his service-connected lumbar spine DJD was denied. The Board found that the evidence did not support a finding of forward flexion to less than 30 degrees or ankylosis, and thus, no higher rating could be assigned.

The Board has reopened the Veteran's service connection claim for a chronic lumbar spine disability and granted it, finding that his symptoms began during active service and persisted since then.

The Veteran's lumbar spine DDD disability was rated at 40 percent prior to March 23, 2021. The Board granted an increased evaluation to this rating based on the functional equivalent of favorable ankylosis.

The Veteran's claims for an increased rating for her lumbar spine disability and service connection for fibromyalgia are being remanded due to the need for additional development, including obtaining retrospective opinions regarding functional loss and a specific opinion on whether the Veteran's symptomatology is related to an undiagnosed illness or medically unexplained chronic multi-symptom illness.

The Veteran's claim for an increased rating for Degenerative Disc Disease of the lumbar spine status post microdiskectomy and decompression is denied. The claim for an initial rating in excess of 10 percent for Gastroesophageal Reflux Disease (GERD) is also denied.

The Veteran's claim for a higher disability rating for his service-connected lumbosacral spine degenerative disease was denied. The VA determined that the condition did not warrant a rating in excess of 40 percent, effective from May 14, 2016.

The Board has remanded the Veteran's claims for service connection for neck and back disabilities due to a lack of VA treatment records, and requests that he provide lay statements from individuals who have knowledge about his in-service injuries. A VA examination is also required to determine the nature and etiology of these disabilities.

The Board has remanded the Veteran's claims for hepatitis C, hepatitis B, and lumbar spine strain due to additional VA treatment records not being considered in the previous readjudication.