Back / lumbar spine decisions — 2023

The Board has remanded the case due to a duty-to-assist error in the February 2018 VA examination.,The Veteran is seeking service connection for an acquired psychiatric condition, and an addendum opinion is needed from an appropriate clinician.

The Board has remanded the claims of entitlement to service connection for a lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy due to duty-to-assist errors. The AOJ is required to obtain a VA examination to determine the nature and etiology of the Veteran's claimed lumbar spine disabilities.

The Veteran's claim for service connection for degenerative arthritis of the lumbar spine is granted.,The Veteran's claim for secondary service connection for right lower extremity radiculopathy due to his service-connected degenerative arthritis of the lumbar spine is granted.,The Veteran's claim for secondary service connection for left lower extremity radiculopathy due to his service-connected degenerative arthritis of the lumbar spine is denied.,The Veteran's claim for service connection for chronic obstructive pulmonary disease is remanded.

The Veteran's lumbar spine disability and associated radiculopathy of the bilateral legs have been granted service connection, but an earlier effective date is denied.,Service connection for tinnitus has been granted, but an earlier effective date is denied.

The Board has granted service connection for the Veteran's low back disability, finding that it had its onset during his military service and resolving all doubts in favor of the Veteran.

The Veteran's lumbosacral degenerative disc disease with disc protrusions, status post microdiscectomy and hemilaminectomy is rated at 40 percent since April 18, 2022. The appeal for higher ratings remains pending as the issues of service connection for urinary disability and erectile dysfunction secondary to his service-connected back disability are remanded.

The Board has remanded the claims for service connection for dry eye syndrome, low back injury, right shin injury, right ankle injury, and right foot injury due to outstanding private treatment records.

The Board has decided to remand the Veteran's claim for a lumbar spine/coccyx disability due to insufficient medical evidence linking his current condition to service. The case is sent back for further examination and opinion.

The Board has remanded the Veteran's claims for service connection for back disorder, left shoulder disorder, and obstructive sleep apnea due to incomplete development of records and need for additional medical opinions.

The Board has granted service connection for the Veteran's neck, back, bilateral knee, and bilateral hand disabilities as these conditions are found to be related to his time as a boxer in military service.

The Board has determined that the addendum medical opinions are inadequate for adjudicating the Veteran's claims and requires remand to address the secondary service connection theories of entitlement, specifically as secondary to obesity.

The Board denied the Veteran's claims for service connection for neck and low back disabilities, finding that there was no evidence of a direct relationship to service or secondary to his service-connected bilateral shoulder disability.

The Board dismissed the appeal for a rating higher than 10 percent for right fourth finger disability due to withdrawal by the Veteran's attorney. The other issues are remanded.

The Veteran's claims for increased ratings were dismissed as the appeal is moot due to his death.

The Board denied the Veteran's claims of service connection for a back condition, right knee condition, right shoulder condition (including as secondary to a back condition), and traumatic brain injury due to lack of current diagnoses in the medical record.

The Board has granted service connection for a thoracolumbar spine disorder as secondary to the Veteran's service-connected scarring status post pilonidal cystectomy, resolving reasonable doubt in favor of the Veteran.

The Board has determined that the Veteran's service-connected disabilities, particularly his lumbar spine and lower extremity musculoskeletal and neurological conditions, necessitate regular aid and attendance of another person. The evidence is in relative equipoise as to whether these conditions result in the need for such assistance.

The Board has identified new evidence that was not previously considered and requires the AOJ to review it before making a decision on your claims. The claims for service connection are being remanded.

The Veteran's hypertension, obstructive sleep apnea, and headache disorder are found to be due to his service-connected PTSD. The chronic back disorder is denied as there is no evidence of a chronic condition during active service.

The Board has remanded four issues: initial compensable ratings for migraine headaches, cervical strain, and thoracolumbar strain; and service connection for benign neoplasm of the skin. The Veteran is to be provided another examination for these claims.