Back / lumbar spine Board decisions

The Board has remanded the claims for a bilateral foot condition, right knee disability, back disability, and acquired psychiatric disorder due to new evidence submitted by the Veteran.

The Board has remanded the case due to a failure to develop evidence needed for a TDIU claim, including information about the Veteran's educational and occupational background.

The Board has remanded several issues related to the Veteran's sciatic radiculopathy and low back disability, including rating determinations and effective date claims. The decision also includes a request for additional information regarding the qualifications of the VA examiner who provided an examination in November 2021.

The Veteran's claim for TDIU is denied as it was not factually ascertainable that he was unemployable in the year prior to September 8, 2020.

The Veteran's TDIU claim has been dismissed because his combined rating is now at 100% due to service-connected disabilities, making the TDIU claim moot.

The Board has restored service connection for right knee strain, left knee strain, and lumbosacral strain due to the severance of these conditions in previous decisions.

The Board has denied an earlier effective date for the grant of service connection for low back pain, and has remanded the issues of a rating in excess of 20 percent for low back pain, TDIU, and SMC based on need for regular aid and attendance.

The Veteran's appeals for increased ratings on lumbosacral strain, RLE radiculopathy, and LLE radiculopathy were dismissed. The Board also found that the reduction of the rating for lumbosacral strain was improper and granted restoration to a 10% rating effective April 17, 2023. Other appeals for earlier effective dates for TDIU and DEA were remanded.

The Veteran's claims for an increased rating for lumbosacral strain and TDIU are being remanded due to the need for a new medical examination.

The Veteran's appeals for service connection for sleep apnea, a low back condition, and radiculopathy of the right and left lower extremities were dismissed due to improper use of an appeal form in the AMA system.

The Veteran's appeals for service connection have been dismissed due to a procedural defect in the docketing of the claims.

The Board has determined that the claims for higher ratings and entitlement to TDIU must be remanded due to pre-decisional duty to assist errors, specifically regarding the left fibula disability. The Veteran's other left leg disabilities were examined, but not his left fibula disability.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his lumbar spine disorder, right lower extremity radiculopathy, left and right ankle disorders, and erectile dysfunction. The Veteran will be afforded new VA examinations to determine these issues.

The Veteran's radiculopathy of the right lower extremity has been granted a 40 percent disability rating, while his lumbar spine disability and left lower extremity radiculopathy have had their initial ratings denied. The Veteran also received a TDIU determination.

The Board has found that more development is necessary prior to final adjudication of the claims on appeal due to incomplete service treatment records. The Veteran's complete service treatment records have not been associated with the file, and VA must again attempt to obtain these records.

The Board denied service connection for thoracolumbar spine disability, finding the evidence did not support a claim that it was incurred or related to service.

The Board has granted the Veteran's claims for service connection for a back injury and bilateral lower extremity radiculopathy, finding that new evidence supports the claim and resolving reasonable doubt in favor of the Veteran.

The Board has determined that the Veteran's service connection claims for various orthopedic disabilities should be remanded due to a duty to assist error. The claims will now include medical opinions considering the Veteran's lay contentions about his in-service pain and duties.

The Veteran's service connection claim for degenerative joint disease and degenerative disc disease of the lumbar spine is granted as his current disability was noted in service with attributable continuity of symptomatology.

The Board has granted service connection for recurrent right ankle injury residuals including degenerative joint disease and recurrent lumbosacral spine injury residuals including mechanical low back pain and lumbosacral strain, finding that the conditions were initially manifested during active service.