Back / lumbar spine decisions — 2023

The Veteran's claim for a right knee disability was denied, and his lumbar spine disability was granted a 20% rating effective June 18, 2012.

The Board has remanded the claims for TDIU and SMC due to outstanding private medical records that need to be obtained. The issues are inextricably intertwined.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's lumbar spine disorder, which is believed to have pre-dated his service. The case will be returned for further development.

The Veteran's claim for a higher rating for his degenerative disc and joint disease of the lumbar spine was denied, as the evidence did not show forward flexion of the thoracolumbar spine at or below 30 degrees, nor favorable ankylosis. His bilateral lower extremity radiculopathy claims were also denied.

The Board has denied service connection for a lumbar spine disability and remanded the issues of service connection for GERD and OSA. The case is now before the Board again.

The Board has remanded the claims for further development and examination to determine the nature and etiology of any acquired psychiatric disorders, including PTSD; sleep disorder; lumbar spine disability; right lower extremity disability; left lower extremity disability; skin disability; right shoulder disability; left shoulder disability; bilateral hearing loss; tinnitus; headaches; and dizziness. The Veteran's period of active service is not established as honorable.

The Board has determined that additional development is required before the claims for lumbosacral strain, cluster headaches, hepatitis B service connection, and TDIU can be decided. The Veteran's VA examinations were not conducted due to his failure to attend the scheduled appointments.

The Veteran's claims for service connection for right shoulder and back disabilities have been granted, but the appeals are still pending as they were remanded due to outstanding VA treatment records and a need for a VA examination.

The Board has vacated its February 18, 2021 decision and remanded the claims for service connection for a back disability and TDIU.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the current issues on appeal, including scheduling VA examinations for the Veteran's lumbar spine disability, bilateral feet disability, vertigo, and fatigue.

The Veteran's previously denied claims for service connection for lumbar spine disability and left lower extremity sciatica are being remanded due to the need for additional medical opinions regarding the etiology of his current disabilities.

The Veteran's claims for service connection and reopening of previously denied claims are being remanded due to the need for additional development, including obtaining medical records and verifying in-service stressors.

The Veteran's claim for an increased rating in excess of 20 percent for his back disability is being remanded due to the failure to issue a Statement of the Case (SOC).

The Veteran's claims for tinnitus, hypertension, and sleep apnea have been denied as they are not related to his military service.,For the remaining issues (right ankle disorder, left ankle disorder, right knee disorder, left knee disorder, cervical spine disorder, thoracolumbar spine disorder, loss of use of the right lower extremity, and loss of use of the left lower extremity), the case is remanded for further development.

The Veteran's claims for effective dates prior to July 25, 2018, for service connection of back and right elbow disabilities were denied. The Board found that the March 2016 rating decision was final and the earliest possible effective date is July 26, 2018.

The Veteran's lumbar spine and right shoulder disabilities are granted as service-connected.,The Veteran's liver condition is remanded for further evaluation.

The Board has remanded the claims for service connection due to inadequate medical opinions and inextricably intertwined with TDIU issues.

The Veteran's back disability and associated lower extremity radiculopathies are rated at 40 percent, 10 percent, and 20 percent respectively. A TDIU is granted effective since May 1, 2021.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of the appeal as he died during its pendency.

The Veteran is granted service connection for migraine headaches.,Effective March 28, 2017, the Veteran's low back disorder was rated at 20 percent and his psoriasis was granted service connection. The radiculopathy of the sciatic nerve in both lower extremities were also granted service connection effective March 28, 2017.,The Veteran is denied an earlier effective date for these grants.