Back / lumbar spine decisions — 2024

The Veteran's claims for increased ratings and TDIU prior to February 11, 2022, as well as SMC based on aid and attendance are being remanded due to the need for additional evidence and procedural steps.

The Board has determined that the Veteran's cervical spine disorder, diagnosed as degenerative disc disease and cervical spondylosis with radiculopathy, is a result of his military service. Service connection for this condition is granted.

The Board has remanded the Veteran's claims for additional development due to outstanding VA and private treatment records, as well as incomplete or inadequate examination reports. The issues include service connection for various upper extremity neurological disorders, a right shoulder disorder, a lumbar spine disorder, breast reduction, and a cervical disorder (claimed as cancerous tissue).

The Veteran's claims for obstructive sleep apnea, sinusitis, respiratory disability, restless leg syndrome, right wrist and knee disabilities, cardiac disability, lumbar spine disability, fibromyalgia, hand tremors, headache, fatigue, and bilateral hearing loss have been denied. The Board found that the evidence did not support a finding of service connection for these conditions due to lack of current diagnoses or causal links.

The Board has remanded the claims for an initial rating in excess of 10 percent for a back disability, an initial rating in excess of 30 percent for an acquired psychiatric disorder prior to May 16, 2013, and in excess of 70 percent thereafter, and entitlement to a total disability rating due to individual unemployability (TDIU) prior to May 3, 2011. The remand includes obtaining retrospective opinions on the Veteran's functional ability during flares for the entire period on appeal and determining whether his ED was caused or aggravated by his service-connected psychiatric disorder.

The Board has remanded the claims for service connection for diabetic retinopathy and degenerative arthritis of the lumbar spine due to lack of evidence establishing a nexus between these conditions and service.

The Board has decided to remand the case due to an inadequate VA medical opinion regarding whether the Veteran's thoracolumbar spine disorder is a result of his service-connected bilateral knee conditions.

The Veteran's right foot pes planus rating was restored, and he received a 30 percent rating for bilateral pes planus from October 16, 2019. The Veteran also received service connection for obstructive sleep apnea and his chronic lumbosacral strain was rated higher than initially granted.

The Board has remanded the cases for further review due to procedural errors and inadequate examinations. The Veteran's claims for higher ratings for his lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy are now before the Board.

The Veteran's appeal for service connection for a middle back disorder has been dismissed as the Veteran withdrew his claim during a Board hearing.,The Veteran's appeals for separate disability ratings and service connections for various upper extremity disorders have been remanded.

The Veteran's claims for compensation under 38 U.S.C. § 1151 for left and right knee disabilities are dismissed because service connection has been granted. The claims for left wrist, low back, and left foot disabilities remain denied.

The Veteran's appeal is remanded for a new examination to address the adequacy of previous examinations and to determine if he has muscular atrophy, which would affect his disability rating. The Veteran also seeks an increased rating for his neurological deficit condition.

The Board has remanded the claims for service connection and TDIU due to insufficient VA examination opinions regarding the Veteran's lumbar spine disorder. The case is returned to the AOJ for further development.

The Veteran's claim for service connection for residuals of hernia repair surgery is granted. The claims for increased ratings for right shoulder strain and lumbar strain are remanded.

The Board has decided that the reduction of the Veteran's left elbow scar rating from 10% to noncompensable effective May 13, 2016 was proper. The remaining issues have been remanded for further evaluation.

The Board has dismissed the appeals regarding service connection for various conditions due to the Veteran's withdrawal of his appeal.

The Veteran's appeals for increased ratings for lumbosacral degenerative arthritis and right leg radiculopathy were dismissed due to the death of the Veteran prior to a final decision.

The Veteran's claims for service connection have been granted. The issues of service connection for lumbar spine disorder, right shoulder disorder, left shoulder disorder, right hip disorder, left hip disorder, right knee disorder, left knee disorder, right ankle disorder, left ankle disorder, hypertension, heart disease (including high cholesterol), gastroesophageal disorder, headache disorder, and respiratory disorder have been remanded.,The Veteran's claims for service connection for fibromyalgia have also been granted.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's low back disorder. Additional development is needed, including obtaining medical records and providing a VA medical opinion.

The Veteran's service-connected disabilities, in combination, precluded her from obtaining and maintaining substantially gainful employment since June 8, 2019.