Back / lumbar spine decisions — 2023

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance or substantially confined to his dwelling due to service-connected conditions, resulting in a denial of SMC based on aid and attendance and housebound status.

The Veteran's claims for service connection for a left hand fracture, back condition, gout, acquired psychiatric disorder, and sleep apnea have been denied. The claim for the back condition has been readjudicated.

The Veteran's claim for a rating in excess of 20 percent for his lumbar spine disorder was denied, and the claim for a compensable rating for his surgical scar as secondary to his service-connected disability was also denied.

The Veteran's claim for a higher rating for lumbosacral disability is being remanded due to an inadequate medical examination prior to the April 2019 decision. The examiner did not address the severity of flare-ups and radiculopathies, which are important factors in determining the appropriate disability rating.

The Board has determined that the Veteran's combined service-connected disabilities prevent him from securing or following a substantially gainful occupation, and therefore grants his claim for total disability based on individual unemployability.

The Veteran's lower back condition is granted as service connected.,The Veteran's hypertension, secondary to obstructive sleep apnea (OSA), is granted as service connected.

The Board has granted service connection for DDD of the cervical spine. The other issues have been remanded due to insufficient evidence.

The Veteran's claims for increased ratings and effective dates have been dismissed due to procedural issues under the AMA system of appeals.,The Board has not had jurisdiction to review these claims as they were improperly docketed in the AMA system.

The Board has granted service connection for upper and lower back conditions, finding that the Veteran's current diagnoses are related to his military service.

The Board has determined that new and relevant evidence has been received, warranting readjudication of the Veteran's claims for service connection for COPD, a digestive disorder, a back disability (claimed as stomach condition), an acquired psychiatric disorder, and bilateral knee disabilities.

The Board has determined that the reduction in ratings for various disabilities was not proper and has ordered further examination and evaluation to determine if service connection is warranted.

The Veteran's claims for service connection for a right calf disability, a right arm disability (other than his already service-connected right shoulder disability), and a thoracolumbar spine disability are all denied as there is no current diagnosis of these conditions.,For the entire period on appeal, the evidence does not support the presence of any diagnosed right calf, right arm, or thoracolumbar spine disabilities.

The Veteran's low back disability and lower extremity radiculopathy are currently rated at the minimum compensable level of 10 percent. The Board finds that the evidence does not support a higher rating for these conditions.

The Board denied the Veteran's claim for a disability rating in excess of 40 percent for his service-connected lumbosacral strain, finding that the evidence did not support an award of such.

The Veteran's service-connected bilateral pes planus, hearing loss, back disability, and knee disabilities rendered him unemployable prior to December 17, 2020. The Board granted a TDIU on an extraschedular basis for this period.

The Veteran's GERD and lumbar spine degenerative disc disease have been remanded for further development, including obtaining retrospective medical opinions regarding the severity of his conditions without considering the ameliorative effects of medication.

The Board has restored service connection for residual neuropathy of both buttocks and lower extremities, as related to surgery for pilonidal cystectomies. The claim for entitlement to service connection for a low back condition is reopened due to the submission of new and material evidence.

The Veteran's kidney disorder, gastroesophageal disorder, gastrointestinal/bowel disorder, headaches, low back disorder, and neck disorder are all remanded for further examination and opinion to determine their etiology. The claims will be considered in light of the Veteran's service in the Gulf War and his reported symptoms during service.

The Veteran's appeal is remanded due to the need for additional development, including obtaining VA treatment records and employment information. The low back disability remains on appeal.

The Board has remanded the cases due to a need to ascertain whether a March 2017 VA examination was conducted for the Veteran's ankles.