Back / lumbar spine decisions — 2024

The Board remands the claims for service connection for various disorders to provide the Veteran with a formal hearing and appropriate medical examinations.

The Board remanded the claims for service connection for a back disorder, neck disorder, and obstructive sleep apnea to obtain additional medical opinions due to inadequate VA examinations.

The Veteran's back disability is rated at 50% effective from the date of his last examination, which was March 2024. The rating reflects unfavorable ankylosis of the thoracolumbar spine.

The Board remands the Veteran's claim for a new examination to provide an adequate retrospective opinion of the severity of his service-connected degenerative disc disease of the thoracic spine with a history of compression fractures.

The case is remanded to obtain outstanding private medical treatment records and reschedule a VA examination for the Veteran's back disability.

The Veteran's nonservice-connected pension claim was denied because he did not serve during a period of wartime for pension eligibility purposes, and his service-connected disabilities were incurred during active duty.

The Board has remanded the Veteran's claims for a higher rating for her low back disability and related sciatic radiculopathy due to insufficient reasoning in the May 2015 and May 2023 VA Back Conditions DBQs, including lack of consideration of flare-ups and functional loss.

The Veteran's TDIU claim was raised in the context of his initial increased rating claim for lumbosacral strain. The Board found that he did not meet the schedular requirements for a TDIU as set forth in 38 C.F.R. § 4.16(a) prior to July 23, 2019. However, on remand, his claim should be referred to the Director of Compensation Service for extraschedular consideration for a TDIU.

The Board denied the claims for service connection for chronic URI, hearing loss, and an upper back/neck disorder. However, it granted the reopening of claims for an acquired psychiatric disorder, to include PTSD and mood disorder; a low back disorder; bilateral upper and lower extremity numbness; and a headache disorder. The remaining issues were remanded.

The Board remands the issues of entitlement to a higher disability rating for lumbar spine degenerative joint disease and TDIU due to an inadequate examination.

The Veteran withdrew her appeals for increased ratings and service connection for lumbosacral strain with bilateral sacra stress injury, right femur stress fracture with hip contusion, left hip contusion, residuals of a traumatic brain injury, vestibular disorder, and left knee disorder.

The Board has denied service connection for low back, left hip, right hip, and right leg conditions claimed as pain and limited range of motion, all secondary to the Veteran's service-connected status post intramedullary rodding of the left tibia. The evidence did not show a current disability in these areas.

The Board denied service connection for right hip, shoulder, elbow, and low back disabilities, finding no evidence of in-service onset or relationship to active service.

The Board has decided to remand the Veteran's claims for left knee condition, right knee condition, and low back condition as secondary to knee injury due to duty-to-assist errors. A VA examination is required for the left knee condition, and efforts must be made to obtain private treatment records.

The Veteran's service-connected disabilities have prevented him from securing and following substantially gainful employment since October 1, 2015. The Board has granted a TDIU effective June 14, 2018.

The Board has remanded the claims of service connection for cervical spine and low back disabilities due to deficiencies in the February 2023 VA examiner's opinion. The Veteran must provide an addendum that addresses his reported injuries during service and considers his lay statements.

The Board has remanded the claims for back disability, bilateral pes planus, right knee disability, and left knee disability due to inadequate VA medical examinations. The Veteran will need new VA examinations to assess his current functional impairment.

The appeal regarding entitlement to service connection for a back disability is dismissed because the Veteran did not timely file an appeal in response to the rating decision issued in December 2020, and good cause to extend the period of time to file the appeal was not shown.

The Board has dismissed all claims due to the Veteran's death, as it does not have jurisdiction to adjudicate the merits of these cases.

The Board denied eligibility for the direct payment of fees to the appellant from past due benefits awarded in a June 2022 rating decision granting service connection for degenerative disc disease of the cervical spine and bilateral upper extremity radiculopathy.