Back / lumbar spine decisions — 2024

The Board has decided to remand the claims for further development due to pre-decisional duty to assist errors and inadequate VA opinions. The Veteran's hip, knee, and lower back disabilities are being reviewed again with new medical opinions considering his service history.

The Board has remanded the claims for service connection for low back strain and migraines due to insufficient competent medical evidence. The Veteran's lay statements indicate a relationship between his current back and migraine complaints and his military service, but further examination is needed.

The Board has restored the 20 percent ratings for diabetic peripheral neuropathy of both upper extremities and lumbar radiculopathy with diabetic peripheral neuropathy of both lower extremities, effective from August 1, 2020. The Veteran's symptoms have not improved under ordinary conditions of life and work.

The Veteran's PTSD rating was reduced from 70% to 50%, effective April 5, 2022. The reduction is being restored due to the lack of evidence showing improvement in her ability to function under ordinary conditions. For the lumbosacral strain claim, a remand is required as the VA examination did not adequately assess the Veteran's flare-ups.

The Board has remanded all issues on appeal due to the need for additional medical examinations and opinions regarding the etiology of various service-connected conditions.

The Veteran's claim for service connection for a sleep apnea disorder is denied as there is no current diagnosis of the condition.,An increased disability rating of 40 percent for left lower extremity sciatic radiculopathy from August 11, 2022, is granted.

The Board has dismissed the Veteran's claims for service connection for birth control, ovarian cysts, and a back disability as the Veteran did not file a timely Notice of Disagreement (NOD).

The Veteran's TDIU claim was denied because he failed to report for scheduled VA examinations, and the Board found that he did not provide good cause.

The Board has determined that there was a duty to assist error and remands the case for further development, including obtaining an addendum opinion regarding whether the Veteran's lumbar spine disability is related to service.

The Board has remanded the Veteran's claims for service connection and initial rating of chronic gastritis with gas bloat syndrome due to inadequate medical opinions regarding the onset and severity of his conditions. The VA is instructed to obtain addendum medical opinions addressing these issues.

Service connection for thoracolumbar strain (low back disability) and radiculopathy of the left lower extremity is granted. Service connection for carpal tunnel syndrome of the right wrist, carpal tunnel syndrome of the left wrist, and obstructive sleep apnea are remanded.

The Board has granted a 40 percent rating for the Veteran's back disability from September 16, 2008 to June 19, 2018. The decision finds that the evidence is in approximate balance as to whether the Veteran's disability picture approximated a level of limitation consistent with forward flexion limited to less than 30 degrees during this period.

The Board has remanded the claims for service connection for bilateral knee disorder, cervical spine disorder, and thoracolumbar spine disorder to obtain additional medical opinions that address the Veteran's lay statements regarding the onset and continuity of his symptoms.

The Board denied service connection for rectal bleeding and polyps, finding that the condition clearly and unmistakably preexisted service and was not aggravated by it. The other claims were remanded for further development.

The Board remands the issue of entitlement to an evaluation in excess of 40 percent for lumbar spine degenerative disc disease (DDD) for issuance of a statement of the case.

The Veteran's claim for total disability rating based on individual unemployability (TDIU) was granted. The claims for increased ratings of lumbar IVDS and associated lower extremity radicular disabilities are remanded.

The Veteran's appeal is remanded for further development regarding his claim of service connection for a LEFT shoulder disorder and cervical spine disorder, as well as the denial of SMC at the K-rate on account of 'loss of use' of the LEFT foot.

The Veteran's service-connected conditions do not meet the criteria for financial assistance in purchasing an automobile or other conveyance due to lack of permanent loss of use of one or both feet, hands, or vision.

The Board has dismissed the appeals of the Veteran's claims for service connection for gynecomastia of the right breast, lumbar scoliosis, and deviated nasal septum as they have been fully resolved in his favor.

The Veteran's appeal for a total rating based on individual unemployability (TDIU) due to service-connected disabilities is being remanded. His claims of service connection for left hip, low back, and left lower extremity nerve disorders are also pending before the Board.