Back / lumbar spine decisions — 2024

The Board has determined that the VA examinations and medical opinions provided did not substantially comply with the remand requests, necessitating further development to assess the severity of the service-connected lumbar spine disability from June 21, 2018, to August 12, 2021.

The Board has granted service connection for a lumbar spine disability, but has remanded the issue of service connection for a right foot disability.

The Veteran's claims for service connection are being remanded due to the need for additional medical records and examinations. The Veteran asserts his conditions are related to incidents during service, including a fall from a tank while removing a canvas cover.

The Veteran's lumbar spine disability has been rated at 40 percent since April 16, 2015. The Board found that the evidence does not support a higher rating as his forward flexion of the thoracolumbar spine is still within the range required for a 40 percent evaluation.

The Veteran's appeal for a total disability rating based on individual unemployability from October 19, 2020 is dismissed as moot because he has been awarded a combined 100 percent rating. The appeal of the extraschedular TDIU claim prior to October 19, 2020 is remanded for further consideration.

The Board has remanded the claims for service connection for diabetes mellitus and a lumbar spine disability due to issues with obtaining medical opinions regarding their etiology. The Veteran's diabetes is being evaluated in relation to his psychiatric disability, while the lumbar spine disability will be evaluated in relation to his bilateral knee disabilities.

The Board has granted service connection for thyroid disability and osteoarthritis, finding that the Veteran's current conditions are related to her exposure to contaminated water at Camp Lejeune during service. The appeal regarding other issues is remanded.

The Board has remanded the Veteran's claims for earlier effective dates for his service-connected lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy ratings as they were initially assigned on January 9, 2019.

The Veteran's respiratory condition, diagnosed as bilateral multifocal lung parenchymal scarring with several calcified and noncalcified nodules, is related to his in-service herbicide exposure. Service connection for a respiratory disorder is granted. The issue of service connection for rheumatoid arthritis and low back disorder is remanded.

The Board has remanded the Veteran's claims for service connection due to inadequate VA medical opinions and inextricably intertwined issues with his back condition.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a back disability. The Veteran's current complaints of back pain, along with reports of functional impairment due to back pain, constitute new and material evidence as it tends to prove a previously unestablished fact of a back disability under Saunders v. Wilkie (2018). The Board has also determined that the issue of entitlement to TDIU is moot from January 11, 2018.

The Veteran's service-connected disabilities do not affect his ability to dress, feed himself, or attend to the wants of nature. The Board finds that he does not require the aid and attendance of another person.

The Board has decided to remand the case due to an inadequate VA examination, requiring a new one with more comprehensive information on the Veteran's service connection claim.

The Veteran's claims for increased ratings of his low back condition and sciatic neuropathy were denied as the evidence did not support a higher rating under the applicable VA criteria.

The Veteran's claims for increased ratings for degenerative disc disease with lumbosacral strain are remanded due to inconsistencies in the May 2023 VA examination report and the need for further development, including obtaining findings related to flare-ups of her lumbar spine condition.

The Board has granted the Veteran's claim for service connection for a low back disability, diagnosed as degenerative arthritis, degenerative disc disease, lumbosacral strain, and intervertebral disc syndrome. The most probative evidence reflects that this current disability is causally related to active service.

The Board denied service connection for the Veteran's claimed left knee, right knee, right shoulder, and low back conditions. The Veteran's bilateral shoulder condition was granted service connection.

The Board has decided that the Veteran does not have a current bilateral eye disorder or low back disorder, and thus service connection is denied. The issue of service connection for a low back disorder remains pending and will be remanded for further development.

The Board has decided to remand the issue of service connection for a back disability due to an undelivered Supplemental Statement of the Case (SSOC). The Veteran's address needs to be verified and he should receive another SSOC.

The Board has remanded the claims for service connection for a right shoulder disability, thoracolumbar spine disability, left knee disability, and residuals of bunionectomies due to exposure to gas and diesel fuel during National Guard service. The AOJ is instructed to obtain medical opinions regarding these issues.