Back / lumbar spine decisions — 2024

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for thoracolumbar strain prior to April 29, 2016 and from April 29, 2016 due to inadequate VA examinations. The Veteran is required to undergo a new examination to assess his functional ability during flares.

The Board has determined that the VA examinations and opinions are inadequate for remanding the claims of service connection for thoracolumbar spine disability, cervical spine disability, bilateral knee disability, left shoulder disability, right shoulder disability, and radiculopathy of the upper and lower extremities. Additional examination is needed to determine if these conditions were incurred in or caused by service.

The Veteran's claims for service connection of asthma, heart murmur with calcified aortic valve, lumbar spine disability, and right knee disability have been denied. The effective dates for these awards are not earlier than September 16, 2016.

The Board has remanded the Veteran's claims for right ear hearing loss and thoracolumbar spine disability other than the already service-connected lumbosacral strain due to inadequate examinations and opinions. The Veteran will need new VA examinations and opinions to determine the etiology of her conditions.

The Board has decided that the Veteran's lumbar spine degenerative disc disease with stenosis, right lower extremity radiculopathy, left lower extremity radiculopathy, a right hip condition, menstrual disorder, and bilateral pes planus are all remanded for further development.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining medical opinions regarding his headaches, sleep apnea, and left leg disability.

The Veteran's left lower extremity radiculopathy is now rated at 40 percent effective July 11, 2022.,Her lumbosacral degenerative disc disease remains rated at 40 percent.

The Veteran's claims for service connection of left knee, right knee, and low back disabilities were reopened. The cervical spine disability claim was remanded due to the need for further evidence.

The Veteran's claims for a higher rating for his low back disability and TDIU are remanded due to lack of substantial compliance with the August 2023 remand directives.

The Veteran's appeal for higher ratings for his service-connected neck disability is denied. The case is remanded to determine the appropriate rating and service connection for headaches.

The Board has reopened the Veteran's claim for service connection of a right knee disorder. The lumbar spine disorder rating is remanded due to conflicting evidence and need for further evaluation.

The Board has determined that the Veteran's claims for service connection and increased ratings are remanded due to inadequate VA examinations. The Veteran is not entitled to service connection for bilateral hearing loss as he does not have a current diagnosis related to this condition. For his lumbar spine disorder and cervical spine disorder, additional VA examinations are needed to determine their current severity.

The Veteran's claims for migraines, bilateral hearing loss, sleep apnea, and vitamin deficiency have been dismissed as the Veteran withdrew his appeals.,The Veteran's claim for an acquired psychiatric condition (to include PTSD) has been granted. The Board found that there is at least approximate balance of evidence to support a link between the Veteran's current psychiatric disabilities and his in-service stressors.

The Board has remanded the Veteran's claims for service connection due to incomplete development and lack of medical opinions. The appeals are pending until further action is taken.

The Board has decided to remand the cases due to new evidence being added to the claims file after a supplemental statement of the case (SSOC) was issued. The Veteran and his representative have been notified that they need to respond within 45 days or else the appeal will be remanded to the AOJ for review.

The Veteran's flat feet disability, including pes planus and plantar fasciitis (flat feet), is granted as service-connected.,The Veteran's back disability is granted as service-connected. The examiner noted that the in-service training did not cause or aggravate her current back condition.,The Veteran's depression is granted as service-connected based on in-service incidents.,The Veteran's left knee disability is granted as service-connected.,The Veteran's cervical spine disability is granted as service-connected.,The Veteran's right shoulder disability is granted as service-connected.,The Veteran's right arm disability (including elbow and wrist disabilities) is remanded for further evaluation.,The Veteran's right ankle disability is remanded for further evaluation.,The Veteran's left ankle disability is remanded for further evaluation.

The Board denied the Veteran's claims of service connection for right knee, right ankle, left ankle, and back disabilities due to a lack of evidence linking these conditions to his active service.

The Board has granted service connection for a lumbar spine disability, but denied service connection for a gastrointestinal disability.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no current disability meeting VA criteria.,The Veteran's claim for an initial rating in excess of 10 percent for tinnitus is denied as the maximum schedular rating has been assigned.,The Veteran's claims for PTSD, lumbar spine disability, right lower extremity radiculopathy, right knee patellofemoral pain syndrome (right knee disability), left ankle sprain, and ingrown right great toenail are remanded due to insufficient evidence of a current disability or service connection.,The Veteran's claim for service connection for a left knee disorder is also remanded as the opinion provided by the VA examiner was inadequate.

The Board has denied the Veteran's claim for service connection for a lumbar spine disorder. The claims for service connection for migraine headaches and hypertension, both secondary to service-connected conditions, are remanded.