Back / lumbar spine decisions — 2023

The Veteran's claim for service connection for erectile dysfunction is remanded due to the need for an addendum medical opinion.,An earlier effective date prior to August 18, 2017 for the award of service connection for urinary retention with urinary incontinence and recurrent UTIs associated with degenerative disc and joint disease, thoracolumbar spine is denied as it was received on that date or later.,The Veteran's claim for earlier effective date prior to August 18, 2017 for the grant of eligibility for DEA benefits under 38 U.S.C. Chapter 35 is denied due to lack of permanent and total service-connected disability at the time of the original award.

The Board has decided to remand the case due to a new examination being needed for service connection of a lumbar spine disorder.

The Board denied the Veteran's claim for a rating in excess of 20 percent for his service-connected lumbar spine disability, finding that his flexion was limited to no more than 40 degrees and did not meet the criteria for higher ratings.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions regarding the nature and etiology of his claimed conditions.

The Veteran's appeal for prostate cancer has been withdrawn. His TDIU claim is granted, and the Board finds that his service-connected disabilities prevent him from securing or following a substantially gainful occupation. The claims for headaches, hemorrhoids, peripheral neuropathy, skin disorder (other than alopecia areata), and back disability are all remanded.

The Board has denied service connection for right and left knee disabilities, as well as low back and neck disabilities. The case is remanded to obtain a VA examination for the claimed low back disability and neck disability.

The Board has remanded the claims for a rating in excess of 40 percent for degenerative arthritis of the lumbar spine, and ratings in excess of 20 percent for radiculopathy of both lower extremities from October 17, 2016. The AOJ is to seek authorization to obtain medical records from Noran Neurology, Neurosurgical Associates, or other providers seen through the Veterans Choice Program.

The Board has denied service connection for left hip and right shoulder disorders due to a lack of current diagnoses. The Veteran's claims are remanded for further development regarding his bilateral ankle and lumbosacral spine conditions.,The Board has also remanded the issues related to the Veteran's left and right ankles, as well as his lumbosacral spine condition.

The Veteran's lumbar spine disability is being remanded for further development, including obtaining VA and private treatment records. The TDIU claim is also being remanded due to the inextricability with the increased rating claims.

The Board denied an extension of a temporary total rating beyond July 31, 2015 for convalescence following May 2015 surgery for service-connected degenerative disc and joint disease of the lumbar spine (back disability), finding that there was no need for further convalescence.

The Veteran's claim for a higher rating for his service-connected back disability was denied. The Board found that the current 20 percent rating adequately reflects the Veteran's symptoms and functional limitations, as he has forward flexion greater than 30 degrees but less than 60 degrees.

The Veteran's right knee disability is currently rated at 30 percent for limitation of extension, and separate ratings are granted for instability (10%) and partial meniscectomy residuals (10%). The appeal is remanded for further development regarding service connection for a right low back disorder and hypertension.,Service connection for the Veteran's right low back disorder and hypertension remains pending as they are to be considered secondary or aggravated by existing service-connected disabilities.

The Board has remanded the case for further development, including obtaining a medical opinion and clarifying the Veteran's claims. The issues of service connection for various conditions are also pending.

The Board has granted service connection for a lumbar spine disability but has remanded the claim of service connection for an acquired psychiatric disorder due to insufficient evidence.

The Veteran's service-connected PTSD, DDD of the lumbar spine, and fibromyalgia have been granted effective as October 4, 2012.

The Veteran's lumbar intervertebral disc syndrome with degenerative arthritis changes is granted a 50% evaluation, effective from April 5, 2013. The TDIU claim remains pending as the maximum schedular rating had not been assigned for the entire period on appeal.

The Board has granted service connection for diabetes mellitus type II, bilateral lower and upper extremity peripheral neuropathy, residuals of a gallbladder disability, back disability, and diabetic retinopathy due to presumed exposure to herbicide agents in Vietnam. The claims for secondary service connection have also been granted.

The Board has denied the appellant's claims for service connection for right knee disability, lumbar spine disability, and bilateral shoulder disabilities. The appeal is remanded for further development.

The Board has determined that the Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation during the period from December 1, 2015 to July 26, 2018. Therefore, entitlement to TDIU for this period is denied.

The Veteran's service connection claims for night sweats, a back condition, bilateral hearing loss, gastroesophageal reflux disease (GERD), and macular degeneration are all denied.,The Veteran's claim for service connection for a back condition is denied as there is no evidence of an in-service injury or onset. The Board finds the VA examination opinion inadequate due to lack of contemporaneous medical records.,The Veteran's claims for bilateral hearing loss, GERD, and macular degeneration are remanded as there is insufficient information to determine if these conditions are related to service.,The Veteran's claim for service connection for gastroesophageal reflux disease (GERD) is remanded due to the lack of contemporaneous medical records in service. The examiner must discuss the Veteran's MOS and duties as an auto repairman, which may have exposed him to heavy equipment fuel and fluids.,The Veteran's claim for macular degeneration is remanded as there is insufficient information to determine if this condition is related to service. The examiner must discuss the Veteran's MOS and duties as an auto repairman, which may have exposed him to heavy equipment fuel and fluids.