Back / lumbar spine decisions — 2024

The Board has remanded the Veteran's claims for service connection for back and right knee disabilities due to insufficient medical opinions and incomplete records. The Veteran will need to provide additional evidence or authorize VA to obtain his National Guard records and private chiropractor records.

The Veteran's claim for a rating in excess of 20 percent for lumbar spondylolisthesis with spondylolytic defects at L5 status post spinal fusion was denied. The Board also granted entitlement to a TDIU based on the Veteran's service-connected disabilities.

The Board has decided to remand the Veteran's claims for increased ratings for cervical and lumbar spine disabilities due to inadequate VA examinations. The case will be returned for further evaluation.

The Veteran's right knee condition has been rated at 10 percent, and the Board is remanding this issue for further development. Additionally, earlier effective dates are being sought for TDIU and Dependents' Educational Assistance benefits.

The Veteran's lower back disability alone necessitates regular aid and attendance, leading to the grant of increased special monthly compensation at the SMC-L12 rate as of August 16, 2022.

The Board has remanded the claims for service connection for right hand and left shoulder disorders, as well as TDIU. The Veteran's cervical spine disorder, lumbar spine disorder, and left hip disorder were denied due to lack of evidence linking these conditions to service.,For persistent depressive disorder with unspecified anxiety disorder, the Veteran was granted a 50% disability rating but is now seeking an increased rating.

The Board has determined that the Veteran does not have a current diagnosis for erectile dysfunction or hypertension, and therefore these claims are denied. The remaining issues of service connection for various foot and hip disorders, as well as left knee scar, are remanded due to inadequate examination.

The Board denied the Veteran's appeals for service connection of lumbosacral strain and right ear hearing loss due to lack of new and relevant evidence.

The Veteran's current back disability, including lumbosacral strain, sacroiliac injury, sacroiliac weakness, and bilateral radiculopathy of the sciatic nerve, is directly related to his in-service April 1988 motor vehicle accident. The Board has granted service connection for these conditions.

The Board has decided to remand the Veteran's claims for increased ratings due to a pre-decisional duty to assist error in not rescheduling her examinations, and is directing the AOJ to obtain medical opinions regarding the severity of her disabilities during the relevant period on appeal.

The Veteran's appeals for service connection for fibromyalgia, sleep apnea, right hand disability, and low back disability have been dismissed. The claim of entitlement to service connection for a right hand disability is denied.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations to assess the severity of his low back and neck disabilities, as well as clarification regarding diagnoses of urinary frequency disorder and nerve disorders.

The Board has decided to remand the claims for service connection due to duty-to-assist errors, including obtaining additional medical opinions and VA/Non-VA treatment records.

The Veteran's claims for increased ratings and SMC were denied. The Board found that the evidence did not support earlier effective dates, as there was no showing of total occupational and social impairment prior to January 14, 2021.

The Veteran's claims for effective dates prior to October 19, 2019 are remanded due to the need for additional development regarding the competency of a VA examiner.,The Veteran's claims for disability ratings in excess of those granted are also remanded due to the need for additional development regarding the competency of a VA examiner.

The Veteran's claim for a higher evaluation for migraines and earlier effective date for lumbosacral strain is granted. The Veteran is assigned an effective date of July 9, 2018 for the assignment of 50 percent evaluation for migraines. An earlier effective date than October 16, 2020 for the assignment of 20 percent evaluation for lumbosacral strain is denied.

The Board has remanded the Veteran's claims for further development and clarification regarding his service-connected disabilities, including his military service records and exposure to acoustic trauma. The claims will be reconsidered based on the evidence of record at the time of the August 2022 Supplemental Statement of the Case.

The Veteran's back brace causes wear and tear on his clothing, allowing him to receive a clothing allowance for the year 2021.

The Veteran's service-connected bilateral flat feet have been aggravated, but the current disability is not service connected.,There is no evidence of a diagnosed acquired psychiatric disability during service or linked to service. The claim for paranoid schizophrenia remains denied.,Sleep disturbances are not supported by medical evidence and there is no in-service event or disease.,Prostate cancer and its residuals have not been shown to be related to service, nor can they be attributed to the Veteran's prostate cancer.,Right knee condition has not been linked to service. The claim remains denied.,Back condition has not been linked to service. The claim remains denied.,Left lower extremity varicose veins have not been shown to be related to service. The claim remains denied.,Right lower extremity varicose veins have not been shown to be related to service. The claim remains denied.,Erectile dysfunction is not linked to prostate cancer and the Veteran's service-connected disabilities, so the claim remains denied.,Left knee condition has not been shown to be related to service. The claim remains denied.,Right leg circulation condition has not been shown to be related to service. The claim remains denied.,Bilateral plantar fasciitis has not been shown to be related to service. The claim remains denied.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations that consider his flare-ups of knee pain and current back condition.