Back / lumbar spine decisions — 2024

The Veteran's claims for service connection and rating of various disabilities, including hearing loss, psychiatric conditions, sleep apnea, GERD, ulcers, prostate issues, hyperlipidemia, neck, back, ankle, elbow, eye glaucoma, foot, hip, shoulder, wrist, and knee disabilities are being remanded due to incomplete records and need for further development.

The Veteran's claims for increased ratings for low back, left shoulder, right knee, and right ankle disabilities have been remanded due to inadequate VA examinations conducted in August 2020. The Board requires new VA examinations with retrospective opinions to address the functional loss and additional impairment during flare-ups.

The Veteran's service-connected disabilities, including PTSD, arthritis of the lumbar spine, and various hip and knee conditions, have rendered him unable to perform daily activities without assistance. The Board has determined that he requires regular aid and attendance due to these disabilities.

The Board has remanded the cases for an additional VA examination to address the severity of the Veteran's left elbow and low back disability, specifically focusing on the lost range of motion during flareups prior to August 2019.

The Board has remanded the claims of service connection for a right shoulder condition and low back condition due to duty-to-assist errors. The Veteran's private physician provided opinions supporting a nexus between his current conditions and service, but these opinions were not based on consideration of all relevant evidence.

The Board has determined that further evaluations are needed for the Veteran's thoracolumbar spine, knee, and wrist disabilities due to unclear functional loss in motion reports.

The Veteran's lumbar spine disability is rated at 40 percent, which is the maximum rating available under the applicable criteria.,RLE radiculopathy has been rated at 20 percent prior to December 10, 2019 and at 40 percent thereafter. The Veteran seeks a higher rating.

The Veteran's lumbar strain, degenerative disc disease with levoscoliosis was granted a 40% rating from January 3, 2013 to March 13, 2013. For the remainder of her appeal period, she did not meet the criteria for a higher rating.

The Board has remanded the Veteran's claims for additional examinations to determine the current severity of his service-connected cervical spine strain, lumbosacral spine strain, and bilateral hip trochanteric pain syndrome. The issues are now pending before the Board.

The Board has remanded the claims of service connection for left shoulder, spondylolisthesis (claimed as a back disability), and right wrist disabilities due to insufficient evidence addressing their etiology.

The Veteran's appeal for a TDIU prior to April 7, 2022 is remanded due to incomplete employment information from the Portland VAMC.

The Board has decided to remand the case for further development due to the need for additional examinations and records.

The Board denied the Veteran's claims of service connection for low back disability, right knee disability, and bilateral hand disability due to a lack of evidence showing these conditions began during or were related to her active military service.

The Board has remanded the Veteran's claim for a VA examination and another, adequate, VA addendum opinion to properly rate his lumbar spine disability due to insufficient reasoning in the August 2024 VA medical opinion.

The Board denied service connection for back, right lower extremity, left lower extremity, and psychiatric disorders due to lack of evidence linking these conditions to service or any presumptive exposure.

The Veteran's claim for service connection for lumbosacral strain, dermatitis, and pseudofolliculitis barbae has been reopened due to the submission of new evidence showing a current disability. The claims are now addressed on their merits.

The Board has remanded the Veteran's claims for higher initial ratings for his lumbar spine disability and lower extremity radiculopathy due to inadequate VA examinations conducted in March 2013, July 2016, March 2019, and June 2022. The AOJ is instructed to schedule the Veteran for a new VA examination to determine the present nature and severity of his lumbar spine disability and lower extremity radiculopathy symptoms.

The Board has granted an effective date of October 25, 2001 for the award of service connection for right lower extremity radiculopathy based on a VA treatment record indicating a worsening of the Veteran's pre-existing condition.

The Veteran's appeal has been dismissed due to their death. The claims for service connection have not been decided.

The Board has denied the Veteran's claims for service connection for a back disability and numbness of the left hand and fingers. The decision is based on the lack of evidence showing that these conditions were incurred or aggravated by service, including any in-service injury or disease.