Back / lumbar spine decisions — 2024

The Board has determined that further development and action is needed to determine the Veteran's claims for service connection for various disabilities, including arthritis of the knees, sleep apnea, back disability, and right ankle disability. The appeal will be remanded for additional examinations and opinions.

The Veteran's service-connected low back disability was granted a 40 percent evaluation from April 15, 2015, to April 7, 2016, and from June 1, 2016, to the present. The RO also increased his evaluations for radiculopathy affecting the left sciatic nerve, right sciatic nerve, left femoral nerve, and right femoral nerve.

The Board has remanded the case due to insufficient retrospective medical opinions regarding the severity of the Veteran's service-connected low back disability from June 6, 2008. The AOJ is instructed to obtain a new VA medical opinion that addresses the amount in degrees of range of motion lost due to pain and flare-ups experienced by the Veteran.

The Veteran's lumbar spine disability and sciatic nerve disabilities are granted with specific ratings, while service connection for an acquired psychiatric condition and TDIU remain pending.

The Board has determined that the Veteran's lower back disability, including lumbar spine spondylolisthesis, spondylosis, and degenerative arthritis, had its onset during service and is related to service. Service connection for this condition is granted.

The Veteran's GERD and Barrett's esophagus were incurred during service. The claims for right shoulder, left shoulder, back, bilateral flat foot, right ear hearing loss, tonsil problems, and obstructive sleep apnea are pending.

The Board has determined that additional examinations and evaluations are necessary to properly adjudicate the Veteran's claims for increased ratings, service connection, and other issues. The Veteran is being asked to provide updated treatment records and undergo VA examinations to determine the severity of his right shoulder condition, nature and etiology of his headaches, forehead scar, back condition, and bilateral knee conditions.

The Board has denied the Veteran's claim for service connection for a back condition, finding that there is no evidence showing it was incurred or aggravated by service. The VA examiner determined that the current diagnosis of degenerative disc disease is not related to active service.

The Board has determined that the Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment prior to August 7, 2020.

The Veteran's claims of service connection for PTSD, left ear hearing loss, right ear hearing loss, lumbosacral strain, and knee disabilities were denied. The Board found that new and material evidence was not presented to reopen any of these claims.

The Veteran's claims for increased evaluations and TDIU are remanded due to the need for additional VA examinations to address range of motion testing, functional loss during flare-ups, and other relevant factors.

The Veteran's left shoulder strain is rated at 20% since July 29, 2006. The current rating for his lumbosacral strain with degenerative arthritis of the spine remains at 20% from October 24, 2017.,Prior to April 21, 2023, the Veteran's claim for TDIU was denied. From April 21, 2023, the matter is moot as a 100% schedular rating has been assigned with entitlement to Special Monthly Compensation (SMC).

The Board has remanded the cases for further development and examination, including obtaining updated VA treatment records and scheduling an examination to assess the severity of the Veteran's low back disability and associated lower extremity radiculopathy. The effective dates for service connection for degenerative changes of the right hip and left hip are also being addressed.

The Board has decided to remand the case due to questions regarding whether the Veteran's lumbar spine disability is equivalent to ankylosis during flare-ups, passive range of motion, or repetitive use testing due to pain. The AOJ will need to review additional evidence and provide a new rating decision.

The Board has determined that the remand is necessary to obtain a proper medical opinion regarding the Veteran's back condition, as well as his spina bifida occulta and lumbosacral transitional vertebrae. The examiner must determine if there was any increase in disability during service or if any increase was due to natural progress of preexisting conditions.

The Board has remanded the claim for a low back disability, as it is unclear whether the Veteran's current condition is related to service. The case will be returned for further examination and opinion.

The Board has remanded the claims for service connection for low back, left knee, and right knee disorders due to insufficient development of evidence.

The Board has remanded the claims for service connection for color blindness, right shoulder disability, and back disability due to incomplete medical opinions and the need for additional records.

The Board has granted service connection for a lower back disability, right ankle disability, and left shoulder disability. The Veteran's right shoulder disability is considered pre-existing.,Service connection was also granted for the Veteran's right shoulder disability due to his active-duty service.

The Board has determined that the Veteran's low back disability is service-connected, as there is at least a reasonable doubt about its onset during service.