Back / lumbar spine decisions — 2024

The Veteran's lumbar spine condition, claimed as a back disorder, is granted service connection. The issues of service connection for major depressive disorder, hypertension, and left elbow condition are remanded.

The Veteran's claims for service connection and increased ratings are being remanded due to the failure of the Veteran to attend scheduled VA examinations. The issues include a trachea disorder, left knee laxity, DJD, DDD, sciatic nerve radiculopathy, urinary frequency, and erectile dysfunction.

The Board has remanded the claims for service connection for a back disability, migraines, chronic traumatic encephalopathy, and dysthymic disorder due to new evidence provided by the Veteran's attorney. A VA examination is needed to determine if these conditions are related to service.

The Board has remanded several issues related to the Veteran's thoracolumbar spine disability, including increased ratings for lower extremity radiculopathy. The remand requires additional examinations and a retrospective opinion regarding the severity of the Veteran's back condition.

The Board has remanded the Veteran's claims for service connection for various lower extremity and back disabilities, including lumbar spine, cervical spine, left hip, right hip, and left knee conditions. The reasons include inadequate prior examinations that did not adequately discuss the relationship between the Veteran's service-connected right knee disability and his claimed conditions.

The Board has remanded the issues of service connection for cervical and thoracolumbar spine disabilities for accrued benefits purposes due to inadequate opinions in the previous VA etiology opinion.

The Veteran's service-connected disabilities, in combination, precluded him from obtaining and maintaining substantially gainful employment. TDIU benefits are granted from June 5, 2017.

The Veteran's claim for increases in the staged ratings assigned for his back disability is remanded due to insufficient information regarding the severity of his condition throughout the appeal period and whether medication ameliorates his symptoms.

The Board has determined that additional VA examinations are needed to determine the nature and likely cause of any lumbar spine, left hip, and left knee disabilities. The issues remain in remanded status.

The Board has remanded the Veteran's claims for service connection due to issues related to his back condition, shoulder strains, and radiculopathies. The AOJ must issue a Statement of the Case.

The Veteran's claim for TDIU is denied as the form 21-8940 was not returned by the Veteran within one year of being requested.

The Board has remanded the Veteran's claims for higher ratings for PTSD, lumbosacral strain, right knee strain, left knee strain, and anemia due to missing VA medical records and the need for updated examinations. The effective date is not addressed in this decision.

The Board has remanded the Veteran's claims for service connection of bilateral knee and ankle disabilities due to insufficient medical guidance on their etiology.

The Board has remanded the Veteran's claim for service connection of a lower back disorder due to the need to obtain additional medical records and determine if there are any VA or private treatment records related to the Veteran's back pain.

The Veteran's lumbar spine disability is currently rated at 20% from October 1, 2017 to February 8, 2023. The claim for a higher rating beyond this period was denied as the evidence did not meet the criteria for an extension of a temporary total rating under 38 C.F.R. § 4.30 or for a rating in excess of 40%.

The Board has remanded the claims for service connection for various conditions due to new and material evidence having been received. The claims are now pending for further examination and opinion.

The Board has remanded the case for additional development to address whether there were adequate medical opinions regarding functional loss due to flare-ups and repetitive use over time, as well as the cause of any abnormal gait.

The Veteran's low back disability, diagnosed as lumbar disc disease, is now granted.,Service connection for the right heel disability remains pending and will be remanded.

The Veteran's claims for an increased rating for degenerative disc disease, lumbar spine and service connection for actinic keratosis are being remanded due to the need for additional evidence and clarification of medical opinions.

The Veteran's claim for service connection on multiple conditions is being remanded due to the need for VA examinations and medical opinions. The claims include asthma, chronic rhinitis, chronic sinusitis, a skin condition, sleep apnea (to include as secondary to PTSD), GERD, low back disability, neuropathy of the bilateral lower extremities, and tinnitus.