Back / lumbar spine decisions — 2023

The Board has determined that additional medical opinions are needed to address the etiology of the Veteran's hip, spine, and erectile dysfunction disorders. The claims for service connection will be remanded.

The Board has decided to remand the Veteran's claims for low back and cervical spine conditions due to a lack of consideration of the Veteran's lay statements regarding symptomatology, continuity of care, and treatment. A new VA examination is needed.

The Board has dismissed all appeals regarding service connection for various conditions as the Veteran died during the appeal process.

The Veteran's claims for service connection for prostate cancer, gastroesophageal reflux disease (GERD), low back disability, and sinusitis have been denied. The claim for chronic headaches is remanded.

The Board has restored the Veteran's lumbar spine disability rating from 20 percent to 20 percent effective August 30, 2021.

The Veteran's claims for service connection for tension headaches and TDIU based on his service-connected disabilities have been granted. The Veteran meets the schedular criteria for a combined disability evaluation of 80 percent, which qualifies him for TDIU.

The Veteran withdrew his appeals for service connection of degenerative arthritis of the lumbar spine with intervertebral disc syndrome and bilateral foot disability, to include plantar fasciitis. The appeals have been dismissed.

The Veteran's service-connected lumbosacral strain is rated at 40 percent, and the Board finds that a higher initial rating of 40 percent is warranted.

The Veteran's claims for service connection are being remanded due to duty-to-assist errors in obtaining adequate medical opinions.,All issues related to the Veteran's hearing loss, tinnitus, degenerative arthritis of the lumbar spine, cervical spine condition, and traumatic brain injury will be addressed.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's low back disorder and the issue of non-service-connected burial benefits is inextricably intertwined with the service connection claim.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's low back disorder and the issue of non-service-connected burial benefits is inextricably intertwined with the service connection claim.

The Board dismissed the appeals for service connection on several conditions due to the appellant's death.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's low back disorder and the issue of non-service-connected burial benefits is inextricably intertwined with the service connection claim.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's low back disorder and the issue of non-service-connected burial benefits is inextricably intertwined with the service connection claim.

The Board has decided to remand the service connection claims for lumbar spine, cervical spine, right shoulder, left shoulder, right elbow, and left elbow disorders due to additional studies provided by the Veteran's representative.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, warranting a TDIU. The remaining issues are remanded for further development.

The Veteran's claim for an increased rating in excess of 100 percent for TBI with neurocognitive disorder, arachnoid cyst, and PTSD is dismissed. The claim for a compensable rating for the lumbar spine scar is also dismissed.

The Veteran's service-connected disabilities, including PTSD, lumbosacral strain, and bilateral foot conditions, precluded him from securing and following substantially gainful employment for which his education and occupational experience would have otherwise qualified him during the period from October 21, 2015 through October 10, 2018.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a current disability. The claims of service connection for an acquired psychiatric disorder, back condition, and left knee condition are remanded due to the need for additional development.

The Board has denied the Veteran's claims for service connection for lumbar spine, right hip, and left hip disabilities as secondary to his service-connected bilateral ankle disability.,There is no direct evidence of a nexus between these conditions and service. The VA examiner found that the current back condition and bilateral hip disabilities are more likely due to natural aging processes rather than the service-connected ankle disabilities.