Back / lumbar spine decisions — 2023

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's back condition is related to his time on active duty, including a motor vehicle accident.

The Board has found that the March 2004 rating decision did not become final due to new and material evidence submitted within one year of notice. The claim for an earlier effective date is remanded.

The Board has remanded the claims for service connection for back disability, right knee disability, and left knee disability due to a pre-decisional duty to assist error. The Veteran needs to be provided with a Gulf War examination to determine if his disabilities are related to his service in Southwest Asia.

The Veteran's low back disability was rated at various levels from 10% to 40%, with a TDIU granted. The case is remanded for further development.

The Veteran's claims for increased ratings for his service-connected lumbar spine and radiculopathy conditions are being remanded due to the need for a new VA examination. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is also being remanded as it is inextricably intertwined with the claims for increased ratings.

The Board has remanded the claims for service connection for a low back disability and right lower extremity pain and numbness due to inadequate compliance with previous remand directives. The Veteran's statements regarding his injuries in service must be considered, as well as the use of a back brace during service.

The Veteran's claims for higher initial ratings for his low back strain, right knee patellar dislocation with chronic strain, and right knee meniscus disability have been granted. The effective date is November 29, 2011.

The Board denied the Veteran's claim of service connection for a low back disorder, finding that his current condition is not related to his military service and was more likely due to natural aging and obesity.

The Board has remanded the Veteran's claims for service connection for degenerative arthritis and degenerative disc disease of the cervical spine, as well as degenerative arthritis of the bilateral hands. The AOJ is required to obtain additional VA treatment records and provide an addendum opinion addressing whether these conditions are related to military service.

The Veteran's application to reopen his claim for service connection for a low back disability is granted. The Board has also remanded the cases of PTSD, low back disability, and TDIU due to additional development being necessary.

The Veteran's neck disability, back disability, diabetes mellitus type II, and hypertension have been granted service connection. The effective dates for these conditions are not specified as they were awarded in the October 2018 rating decision.

The Veteran's claims for service connection have been reopened and granted.,Service connection has been established for left eye disability.

The Board has granted the Veteran's claim for service connection for a right hip disability, finding that her current condition likely began during or shortly after her active military service.

The Board has decided to remand the case due to an incorrect standard used in assessing whether a back condition pre-existed service and was aggravated by service. The Veteran's enlistment is believed to have been influenced by his failure to register for selective service, which may affect the determination of whether there is clear and unmistakable evidence that the condition existed prior to service.

The Board has determined that the Veteran's service-connected disabilities have rendered her unable to obtain and maintain substantially gainful employment throughout the rating period on appeal, granting her TDIU.

The Board has granted service connection for depression, right leg length discrepancy, right knee disability (claimed as right knee), back disability (claimed as low back), and bilateral lower extremity radiculopathy all secondary to the Veteran's service-connected left knee disability.

The Board has remanded the claims for service connection for various conditions, including DJD of the left arm and ruptured bicep tendon (left arm), residuals of a right arm fracture, accelerated cataracts, CAD, a back condition, and a neck condition. The Veteran's claims are not currently addressed in this decision.

The Veteran's appeal includes claims for increased ratings for lumbosacral strain and GERD, as well as secondary service connection for nerve radiculopathy. The Board has determined that the issues of an increased rating for lumbosacral strain need to be remanded due to a lack of proper notice in the SOC. Additionally, efforts should be made to obtain SSA records and schedule the Veteran for a hearing.

The Board has granted an earlier effective date of October 28, 2015 for the grant of service connection for PTSD and lumbosacral strain (back condition).

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's thoracolumbar/lumbar spine disability. The claim is being returned for further development and an addendum opinion.