Back / lumbar spine decisions — 2023

The Board has decided to remand the case due to insufficient examination and opinion regarding service connection for lower back condition. The Veteran's claim will be reviewed again with a focus on direct service connection, aggravation of pre-existing conditions, and whether his current condition is related to his service-connected left knee disability.

The Veteran withdrew his appeal regarding the issue of entitlement to service connection for right hip strain with sacroiliac sprain, as secondary to thoracolumbar spine degenerative disc disease.

The Veteran's appeals for service connection on these issues have been dismissed as the claims were withdrawn by his representative.

The Board has remanded the claims for service connection for lumbar degenerative disc disease, left knee disability, herpes, migraines, depression, anxiety, and PTSD due to a failure to obtain VA examinations.

The Board has remanded multiple claims for service connection due to the Veteran's reported symptoms and medical history, including exposure to herbicide agents in Thailand. The issues are related to heart disorder (CAD), sleep disorder (claimed as sleep apnea), bilateral lower extremity edema, respiratory disorder, back disability, erectile dysfunction, headaches, slurred speech, neurocognitive disorder, blurred vision, and tiredness.

The Veteran's lumbosacral strain with degenerative disc disease and intervertebral disc syndrome is granted as secondary to his service-connected left foot plantar fasciitis with pes planus. A 30 percent rating, and no higher, for left foot disability from March 15, 2022 forward, is granted.

The Board has decided to remand the service connection claims for bilateral hearing loss, right knee disability, left knee disability, right hand disability, and low back disability due to new evidence submitted since the last rating decision.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's claim for service connection for DDD of the cervical spine is granted. The claims for low back disability, left shin disability, right shin disability, and initial ratings for left ankle strain and left knee strain are remanded.

The Board has granted service connection for tinnitus. The claims of entitlement to service connection for right ear hearing loss, left ear hearing loss, low back disability, left foot disability, and right foot disability are remanded due to the need for additional development.

The Board has determined that the Veteran's bilateral foot, hearing loss, and left knee disabilities were not incurred during service. The low back disability was found to be related to service. The case is remanded for further development.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's back disability is related to service. The examiner needs to provide an opinion on the nature and etiology of the Veteran's back disability, considering his lay contentions and a 1966 service treatment record.

The Veteran's claim for service connection for actinic keratosis is remanded due to a duty to assist error. The Board finds that the RO should have afforded an examination to determine if his current disability is related to his presumed exposure to herbicide agents in Vietnam.,The Veteran's claims for service connection for right and left knee disabilities are remanded due to a duty to assist error. The Board finds that the RO should have afforded an examination to determine if his current disabilities are related to carrying heavy loads during service.,The Veteran's claim for service connection for lumbar spine disability is remanded due to a duty to assist error. The Board finds that the RO should have afforded an examination to determine if his current disability is related to carrying heavy loads and/or an injury from landing on a machine gun in service.,,,

The Board has found that remand is still necessary due to the Veteran's failure to appear for scheduled VA examinations and the need to consider his recent losses. The issues of increased evaluations for lumbar spine disability, radiculopathy of the lower extremities, and TDIU are all being remanded.

The Board has granted the reopening of a claim for service connection for a lumbar spine disability. The claims for TB and GI disabilities are remanded.

The Veteran's claims for service connection for a right knee disability and a lumbar spine disability have been granted.,The Veteran's claim for service connection for right lower extremity radiculopathy, as due to the lumbar spine disability, has also been granted.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining private treatment records and scheduling VA examinations.

The Board has remanded the case due to inadequate examination and new evidence is needed to determine if the Veteran's lumbar spine disability, including low back injury residuals, is related to her service or a service-connected condition.

The Board has remanded the case for additional development, including obtaining VA and private treatment records and an addendum VA medical opinion to determine if the Veteran's current lumbar spine disability is caused or aggravated by his service-connected right ankle disability.