Back / lumbar spine decisions — 2024

The Board has remanded the claims for further development due to inadequate medical opinions regarding service connection and a TDIU determination.

The Veteran's claims for increased disability ratings for degenerative disc disease of the lumbar spine and cervical spine, both rated at 20 percent prior to May 4, 2011, were denied as his conditions did not meet the criteria for a higher rating.

The Veteran's lumbosacral strain is currently rated at 20 percent, effective August 15, 2022. The case has been remanded for further development.

The Board has remanded the claims for service connection and TDIU due to incomplete or inadequate opinions regarding the relationship between the appellant's service-connected knee disabilities and her claimed disabilities. The VA must obtain additional medical opinions addressing whether the non-service-connected disabilities would have been less severe but-for the service-connected disabilities.

The Veteran's cervical spine strain with DDD is rated at 40 percent, effective May 1, 2011. The rating for headaches remains at 10 percent. Service connection for a psychiatric disorder secondary to the cervical spine disability and bilateral upper extremity radiculopathy are remanded.

The Veteran's claims for an increased rating for his thoracolumbar spine disability, service connection for tinnitus, and service connection for a hearing loss disability have been denied as the Veteran failed to report for scheduled VA examinations without good cause.

The Board has remanded the case due to insufficient explanation in the October 2022 VA examiner's opinion regarding the Veteran's lay reports and the over 35-year gap between service and current treatment. The matter is being returned for further clarification.

The Board has determined that the Veteran's service-connected disabilities result in loss of use of both lower extremities, necessitating the aid of braces, crutches, canes, or a wheelchair. The appeal is being remanded to obtain updated medical records and conduct VA examinations to assess the current severity of his service-connected conditions.

The Veteran's back disability is granted an increased rating of 20 percent from August 17, 2015. The appeal for higher ratings and other issues are remanded.

The Board has determined that additional evidence was submitted and should be considered in the first instance. The Veteran's increased rating claims for lumbar spine, cervical spine, and right upper extremity radiculopathy disabilities are being remanded to allow for consideration of this new evidence.

The Board has denied the Veteran's claims for service connection for right foot plantar fasciitis, left foot plantar fasciitis, obstructive sleep apnea, skin rash, and low back disability. The VA examiners found no evidence of these conditions during or after service.,There is no medical evidence linking any of the claimed conditions to military service.

The Veteran's service connection claims for various musculoskeletal disabilities are being remanded due to the need for further development and consideration.,Service connection is denied for right ear hearing loss, left ankle disability, right ankle disability, left hip disability, and right hip disability.

The case is being remanded to obtain a new medical opinion regarding the Veteran's back disability prior to November 2019, addressing factors of functional loss and neurologic abnormalities.

The Veteran's claim for a higher rating for lumbar spine degenerative arthritis was denied, as the disability did not meet the criteria for a greater than 20 percent or greater than 10 percent rating prior to August 18, 2011. The claim for TDIU prior to August 31, 2015, was also denied.

The Board has remanded the Veteran's claims for increased ratings for lumbar degenerative joint disease with IVDS due to inadequate medical evidence in previous decisions and a lack of compliance with VA examination requirements.

The Board granted a 60 percent disability rating for the Veteran's cystic lesion left knee with status post rupture of left patellar tendon (post left total knee replacement) and remanded other claims.

The Veteran's claims for diabetes mellitus type II, sterility, prostate cancer, ischemic heart disease, and migraine have been remanded due to the need for further review of the evidence.,Claims for cervical strain, lumbar strain, right knee condition, left knee condition, right upper extremity radiculopathy, left upper extremity radiculopathy, and left lower extremity radiculopathy are also being remanded.

The Veteran's lumbar spine condition is rated at 40 percent, which is the maximum schedular rating for her service-connected disability. The Board found that a higher rating was not warranted based on the evidence of record.

The Board has granted service connection for the Veteran's lumbar spine, right knee, left knee, right hip, and left hip conditions as secondary to his service-connected bilateral ankle strains. The decision is based on evidence in relative equipoise regarding whether these conditions are related to his service-connected ankle disabilities.

The claim of service connection for a back condition is being remanded due to the inadequacy of the July 2022 medical opinion and the need for further examination.