Back / lumbar spine Board decisions

The Veteran's claims for higher ratings for his lumbar spine disability and TDIU prior to November 20, 2018 are being remanded due to duty-to-assist errors. The AOJ will obtain relevant private hospital records and schedule the Veteran for a VA examination to assess the severity of his service-connected lumbar spine disability.

The Board has determined that the claims for service connection related to lumbar spine, cervical spine, and traumatic brain injury disabilities need further review due to pre-decisional duty-to-assist errors.

The Veteran's appeal has been withdrawn, and the Board is dismissing all issues related to service connection for various disabilities.

The Veteran's low back strain, neck disability, and right hip arthritis have been granted service connection as they are related to the in-service motor vehicle accident.,A remand is required for further development regarding the bilateral foot disability.

The Veteran's appeal for service connection on multiple conditions has been dismissed due to his death.

The reduction of the rating for lumbar spine degenerative arthritis with intervertebral disc syndrome from 40 percent to 20 percent, effective December 9, 2020, was improper and the 40 percent rating is restored.

The Board has dismissed the appeals for low back pain and a compensable rating for residual scar associated with pacemaker placement. The appeal regarding kidney disorder (claimed as kidney cancer) is remanded due to procedural issues.

The Veteran's appeal is remanded for further consideration of his claims, including service connection for an acquired psychiatric disorder and the rating for his back disability.

The Veteran's appeal for service connection and rating of ingrown toenail has been withdrawn, resulting in the dismissal of all issues.

The Veteran's appeals for increased ratings in multiple service-connected disabilities have been dismissed. A TDIU has been granted due to the combined effect of his psychiatric and physical disabilities.

The Veteran seeks an earlier effective date for the award of service connection for his lumbar spine disability. The Board finds that no such claim was submitted prior to October 13, 2010.,The Veteran's appeal is remanded for a new VA examination and rating determination regarding his service-connected degenerative arthritis of the lumbar spine.

The Board has remanded the claims for service connection due to insufficient evidence regarding the etiology of the Veteran's right knee, left middle finger, lower back, and left knee disabilities. The Veteran is not entitled to service connection for these conditions.

The Veteran's appeal has been withdrawn and is dismissed for all issues related to increased evaluations for various disabilities, including migraine headaches, cervical spine disability, radiculopathies of the upper and lower extremities, and lumbar spine disability. The Veteran also withdrew his request for a restoration of a 30 percent disability rating for irritable bowel syndrome (IBS) and for a total disability rating based on individual unemployability prior to February 21, 2017.

The Veteran's low back, left knee, and headaches disabilities are granted as service-connected.,The Veteran's dermatitis disability is also granted as service-connected.

The Board has decided to remand the case due to a duty to assist error, specifically failing to obtain a VA scar or skin examination prior to the June 2020 rating decision on appeal.

The Board has remanded the claims for right knee, back, neck, and right shoulder disabilities due to inadequate VA opinions and failure to obtain relevant medical records.

The Board denied service connection for the Veteran's claimed acquired psychiatric disorder, neck disorder, lumbar spine disorder, left knee disorder, and right hand disorder due to lack of evidence linking these conditions to service. The Veteran's participation in willful misconduct during service is considered a bar to establishing service connection.

The Veteran's initial 50% evaluation for degenerative arthritis of the lumbar spine is granted, and his prior evaluations for radiculopathy of the right and left lower extremities are also granted.

The Board has denied service connection for degenerative disc disease of the cervical spine and unspecified trauma and stressor related disorder, finding that there is no credible evidence linking these conditions to military service.

The Board has found that the Veteran's service treatment records are incomplete and have not been fully associated with his claims file. The Board is therefore remanding the case to obtain any outstanding service treatment records.