Back / lumbar spine decisions — 2024

The Board has denied service connection for high cholesterol and remanded the remaining issues due to lack of medical records.

The Board has granted the petitions to reopen claims for service connection for an acquired psychiatric disorder, including PTSD, anxiety, and depression; a back disorder; a neck disorder; and a left knee disorder. The claims are remanded due to incomplete VA treatment records and the need to contact witnesses of the alleged in-service assault.

The Board has determined that the Veteran's claims for sleep disorder/insomnia, an acquired psychiatric disorder to include adjustment disorder with anxiety and PTSD, lumbar radiculopathy, left right lower extremity, lumbar radiculopathy, right lower extremity, and degenerative arthritis of the lumbar spine must be remanded due to the need for updated medical records and examinations.

The Board has determined that the Veteran's claims for service connection for obstructive sleep apnea, residuals of throat/nasal surgery, and low back pain require additional development due to incomplete medical opinions.

The Veteran's bilateral plantar calcaneal spurs, degenerative changes of the feet (claimed as flat feet and residuals of broken toes), degenerative disc disease of the lumbar spine, right ear hearing loss, tinnitus, and sleep apnea are found to have begun during service. The appeal is granted.

The Board has withdrawn the Veteran's claims for service connection for bronchitis, colitis, and pneumonia. The remaining issues of service connection for an acquired psychiatric disorder (to include PTSD), alcohol abuse, lower back condition, heart condition, joint condition, hypertension, headaches, abnormal weight loss, and chest pain are remanded due to conflicting evidence and incomplete information.

The Board has remanded the case due to inadequate development of evidence and need for a new VA examination. The Veteran's service connection claim for lumbosacral spine disability is being reviewed, with particular focus on his in-service motor vehicle accident and potential Agent Orange exposure.

The Board has remanded the Veteran's claims for service connection due to incomplete records and potential National Guard service.

The Veteran's claim for a TDIU before December 29, 2000 is being remanded due to the need for additional consideration of new evidence.

The Veteran's service-connected PTSD and other disabilities render them unable to secure or maintain substantially gainful employment, leading to a TDIU determination. Special monthly compensation was also granted.

The Board has decided to remand the case due to incomplete medical opinions and the need for additional development, including obtaining in-service hospitalization records from Japan. The Veteran's back disability is being reviewed for direct service connection and secondary service connection.

The Veteran's claim for an increased disability rating for his low back disability is remanded due to inadequate examination and the need for a retrospective opinion regarding the full range of motion, frequency, and duration of any flare-ups.

The Board has decided to remand the cases for further development and examination, including obtaining new VA medical opinions regarding the Veteran's bilateral hearing loss and low back disability.

The Board has determined that additional evidence was received and must be considered in the context of the Veteran's claims for increased initial disability ratings. The appeal is being remanded to allow for a full review of the claims.

The Veteran meets the schedular percentage requirements for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, which prevent him from engaging in substantially gainful employment.

The Board has determined that additional evidence is needed to properly evaluate the Veteran's service-connected conditions, including a new VA examination for his psychiatric disorder and knee and spine disabilities.

The Board has remanded multiple issues related to the Veteran's spine, bilateral lower extremity, and foot disabilities due to a Joint Motion for Partial Remand (JMPR). The issues include increased ratings for these conditions as well as entitlement to SMC based on aid and attendance and loss of use.

The Board has remanded the claims for service connection for a jaw disability, right upper extremity diabetic neuropathy, left upper extremity diabetic neuropathy, low back disability, and diabetes mellitus due to exposure to herbicide agents. The Veteran contends that he developed these conditions during his active duty in Okinawa.,The Board found insufficient evidence to establish service connection for the jaw disability, right upper extremity diabetic neuropathy, left upper extremity diabetic neuropathy, or low back disability. Service connection for diabetes mellitus is also remanded due to the Veteran's contention of exposure to herbicide agents.

The Veteran's lumbar spine disorder and allergic rhinitis and sinusitis have been granted service connection.,A 20 percent disability rating, but no higher, has been granted for the Veteran's left thumb fracture.

Service connection is granted for chorioretinal scar of the right eye.,Service connection is granted for disc bulge at L5-S1, degenerative disc disease of the lumbar spine, and muscle spasms of the lumbar spine. The Veteran's service treatment records show complaints and treatment for low back pain during active duty service, and an MRI in 2015 noted a bulging disc near L5.,The Veteran's current left lower extremity peripheral neuropathy and/or lumbar radiculopathy are at least as likely as not related to his service-connected degenerative disc disease of the lumbar spine. The examiner did not provide an opinion on whether the Veteran's heart disability is related to active duty service or any other condition.,The Veteran has a current diagnosis of atrial septal defect status post closure and cardiomyopathy, but it is unclear if these conditions are superimposed over his congenital or developmental defects. The examiner did not provide an opinion on whether the Veteran's heart disability is related to active duty service.