Back / lumbar spine decisions — 2024

The Veteran's claims for increased ratings and SMC are being remanded due to the need for additional evidence, particularly private treatment records from 2006 to 2017.

The Board has remanded the claims for cervical spine disorder, thoracolumbar spine disorder, right arm disorder, and bilateral shin splints due to inadequate VA medical opinions. The appellant's service connection claims are being returned for further development.

The Board has dismissed the appeals for increased rating for a back disability and service connection for postphlebitic syndrome. The Veteran's tinnitus is granted with service connection, but his left hip strain claim is remanded for additional development.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examination and consideration of how flare-ups impact his functional ability.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his claimed low back disability, peripheral neuropathy of upper and lower extremities, and respiratory disability. The VA examinations did not fully address the Veteran's contentions about in-service injuries.

The Board has remanded the case due to inadequate opinions regarding service connection for an acquired psychiatric disorder and a lumbar spine condition. The appellant's claim will be reconsidered with new evidence obtained.

The Veteran's claim for an earlier effective date for her 40 percent rating for lumbar spine degenerative disc disease is denied.,The Veteran's claim for an earlier effective date for her 20 percent rating for right lower extremity radiculopathy of the femoral nerve is denied.,Service connection for a cervical spine disability remains pending and requires additional development.

The Board has decided to remand the Veteran's claims for additional development, including scheduling a VA examination and obtaining outstanding records. The issues of entitlement to an increased rating for his back disability and TDIU prior to September 19, 2018 are inextricably intertwined.

The Veteran's claims for various conditions, including tension headaches, allergic rhinitis, asthma with histoplasmosis, cervical spine degenerative arthritis, lumbar spine degenerative arthritis, and left knee patellofemoral syndrome were denied. The Veteran was not granted higher ratings or initial compensable ratings for several of her conditions.

The Board has remanded the Veteran's claims for service connection due to incomplete development of records and need for additional medical opinions. The issues include a low back disability and bilateral hip disabilities, with the latter potentially related to herbicide exposure.

The Veteran's application to reopen claims for service connection for spondylolisthesis and degenerative arthritis of the thoracolumbar spine, as well as left inguinal hernia, was granted. The right inguinal hernia status post repair is also granted with a 10 percent rating.

The Veteran's appeal for earlier effective dates for PTSD and low back disorder (claimed as back condition) is dismissed.,The Veteran's appeal for increased ratings for PTSD prior to November 12, 2015, and beginning November 12, 2015, is also dismissed. The Veteran's appeal for an increased rating for his low back disorder (claimed as low back condition) is remanded.

The Board has decided to remand the case due to a deficiency in the VA examination report regarding the severity of the service-connected low back strain. The Veteran needs to be scheduled for an appropriate clinician's examination to determine the current severity and provide information about flare-ups.

The Board has remanded the issue of service connection for a cervical spine condition due to its potential secondary nature to the Veteran's service-connected lumbar spine disability. The claim will be further developed.

An initial 10 percent rating for pseudofolliculitis barbae (PSB) is granted beginning January 21, 2020. Service connection for a disability of the low back is denied.,Service connection for left and right knee disabilities is remanded.

The Veteran's service-connected disabilities, including his bilateral flat feet, calcaneal spurs, lumbar spondylolysis L5 with spondylolisthesis, rheumatoid arthritis (indicated by radiculopathy of the right and left lower extremities), tinnitus, and hiatal hernia, render him unable to maintain substantially gainful employment as of January 11, 2023. The Board has granted a TDIU effective from that date.

The Veteran's claims for service connection for eye disability (blurred vision), low back disability, and right ankle disability are being remanded due to procedural errors in the initial decision.

The appeals for increased ratings for right and left knee conditions, bilateral pes planus, and lumbar spine DJD have been dismissed as the Veteran withdrew her appeal of these issues.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for lumbar spine conditions, radiculopathies, shoulder conditions, and gastroesophageal reflux disease. The appeals are being returned to the agency of original jurisdiction (AOJ) for further action.

The Veteran's service-connected PTSD and musculoskeletal disabilities are found to be the cause of his obstructive sleep apnea. His back disability is granted with a 40% rating from September 23, 2020 onwards for the period prior to that date he was rated at 20%. The left and right lower extremity radiculopathy disabilities are also granted with a 40% rating each.