Back / lumbar spine Board decisions

The Board has remanded the case due to an inadequate VA examination, and a new examination is required to determine the current severity of the Veteran's service-connected low back condition.

The Board has remanded the claims of service connection for a back disability, diabetes, and an acquired psychiatric disorder due to potential errors in the examination provided. The Veteran will need to undergo further examinations to address these issues.

The Veteran's lumbar spine disability is rated at 20 percent, and the right and left lower extremity radiculopathy are each rated at 10 percent.,The Veteran seeks higher ratings for his lumbar spine disability, but the evidence does not support a rating in excess of 20 percent.,For radiculopathy of the right lower extremity, the Veteran is already receiving the maximum available rating (20 percent).,For radiculopathy of the left lower extremity, the Veteran is also already receiving the maximum available rating (10 percent).

The Board has denied service connection for a left knee condition and remanded the issue of an initial rating in excess of 40 percent for low back condition due to lack of VA medical records.

The Board has remanded the Veteran's claims for low back pain, radiculopathy of the right lower extremity, and an acquired psychiatric condition (including depressive disorder and anxiety disorder) due to incomplete service treatment records.

The Board denied service connection for a back condition, finding that the Veteran's current degenerative arthritis did not begin during or as a result of his military service.

The Veteran's GERD, back disorder, and shin splints are granted as service-connected. The Board found the evidence at least in equipoise that these conditions had their onset during service.

The Veteran's claims for service connection for an eye disability, lumbar spondylosis, and obstructive sleep apnea as secondary to a psychiatric disorder have been granted. The claim for service connection for dyspnea with restrictive airway disease is remanded.

The Veteran's claim for an earlier effective date for TDIU and DEA benefits was denied as the evidence did not show he became unemployable within a year prior to his January 3, 2017, formal claim.,DEA eligibility was also denied as the Veteran did not meet the schedular requirements for permanent total service-connected disability before January 3, 2017.

The Board has remanded the case due to insufficient evidence regarding the Veteran's eligibility for financial assistance in the purchase of an automobile or other conveyance and/or adaptive equipment. The Veteran is service-connected for several disabilities, but none are directly related to his request for benefits.

The Board has denied the Veteran's claims for service connection for low back disability and bilateral hearing loss, finding no evidence of a direct relationship to service. The claim for service connection for an acquired psychiatric disorder (PTSD) is remanded due to a pre-decisional duty to assist error.,The Veteran was provided with a VA examination for PTSD in July 2022, but the examiner did not diagnose PTSD based on DSM-5 criteria.

The Board has decided to remand the claims for service connection for right hip, left hip, and lumbar spine disabilities due to a lack of analysis in the VA examination report.

The Board has remanded the Veteran's claims for service connection for neck, upper back, lower back, right shoulder, and left shoulder conditions due to a duty to assist error. The Veteran submitted treatment records from private chiropractors dating back to early 2000, which document his symptoms. A new VA examination is required to determine if these disabilities are related to service.

The Board has determined that the Veteran's claims for service connection are remanded due to inadequate medical opinions and duty-to-assist errors. The claims will be reconsidered with new evidence and evaluations.

The Board has granted service connection for low back pain and dysfunction, neck pain and dysfunction, bilateral foot pain and dysfunction, and a 50 percent disability rating for PTSD. The decision also dismisses the appeal as not related to service connection.

The Veteran's appeals for increased ratings in excess of 20 percent for right lower extremity radiculopathy and a scar, status post discectomy lumbar spine are dismissed as they were not part of the AMA appeal system.

The Board has remanded the Veteran's claims for a separate compensable rating for bowel or bladder impairment associated with her lumbar spine disability, a disability rating in excess of 40 percent for her lumbar spine disability, TDIU and SMC. The claims are being remanded to obtain necessary medical opinions and records.

The Board has remanded the claims for service connection for a back disability, an acquired psychiatric disorder as secondary to a back disability, and alcoholism due to inadequate VA examination opinions. The Veteran's in-service injury must be addressed in order to determine if his current conditions are related to service.

The Board denied earlier effective dates for service connection of lumbosacral strain, cervical disc bulge, and left upper extremity radiculopathy due to lack of evidence before the May 2006 rating decision that could be interpreted as a claim.

The Board denied service connection for various conditions due to lack of new and material evidence. The claims were remanded for a VA examination regarding GERD.