Back / lumbar spine Board decisions

The Veteran's claim for an effective date prior to October 31, 2018, for the award of service connection for a lumbar spine disability was denied. The earliest possible effective date is October 31, 2018.

The Board has determined that there are pre-decisional duty to assist errors and the claims for service connection for a right hip disorder, initial evaluations for IVDS with arthritis of the thoracolumbar spine, and radiculopathy in both lower extremities need further development.

The Veteran's appeal for an increased rating and a total disability rating based on individual unemployability (TDIU) has been dismissed due to the death of the Veteran.

The Board has dismissed all appeals for service connection and rating issues related to various body parts due to the Veteran's death.

The Veteran's claims for increased evaluations of thoracolumbar strain, migraine headaches, allergic rhinitis, gastroesophageal reflux disease (GERD), and PTSD with major depressive disorder (MDD) have been denied. The most recent evaluation for thoracolumbar strain is 40 percent disabling, while the other conditions remain at their initial evaluations.

The Board has granted service connection for tinnitus and denied service connection for a bilateral hearing loss disability.,Service connection was withdrawn for left elbow, lumbar spine, left knee, and right knee disabilities.

The Veteran's lumbar spondylosis and arthritis, previously low back pain, status-post (s/p) old compression fracture of the vertebral body of L-4 and mild degree of spondylolisthesis have not met the criteria for a higher evaluation prior to December 7, 2020.,The Veteran's lumbar spondylosis and arthritis, previously low back pain, status-post (s/p) old compression fracture of the vertebral body of L-4 and mild degree of spondylolisthesis have not met the criteria for a higher evaluation from December 7, 2020.,The Veteran's right lower extremity radiculopathy has been granted an evaluation of 40 percent disabling.,The Veteran's left lower extremity radiculopathy has been granted an evaluation of 40 percent disabling.

The Veteran's request for higher-level review of his claims was timely filed. The AOJ must now review the underlying claims and provide a decision.

The Veteran's claim for an initial rating in excess of 10 percent for lumbar spine, herniated disc from November 2, 2016, is denied. The evidence does not show forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees or combined range of motion of the thoracolumbar spine not greater than 120 degrees.

The Veteran's appeals for increased disability ratings in excess of 20 percent for lumbosacral strain, left shoulder strain, right shoulder strain, and left knee strain have been dismissed due to the Veteran's withdrawal of his appeal.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's low back condition was aggravated by service.

The Veteran's service-connected disabilities, including anxiety disorder, right shoulder degenerative joint disease, cervical spine degenerative disc disease, lumbar spinal degenerative disc disease, vertigo associated with mild TBI, and shin splints status post stress fracture, have rendered him unable to secure or follow a substantially gainful occupation for the entire appeal period.

The Veteran's claim for a higher rating for his lumbar spine disability is remanded due to the VA examination not complying with the remand instructions.

The Board has remanded the cases for additional development to obtain missing service treatment records and VA medical records, as well as for VA examinations to determine the nature and etiology of the Veteran's claimed disabilities.

The Veteran's claim of service connection for back disability was initially denied in a February 2015 rating decision. The Board has reopened the claim due to new evidence received since then, but the issues related to his knees and back need further examination and evaluation.

The Board has remanded the case due to a lack of compliance with previous remand instructions regarding the etiology of the Veteran's back condition. A new VA examination is needed to address the January 2020 VA examiner's statements and consider the Veteran's lay statements and private medical records.

The Veteran's claims for service connection have been reopened and granted for bilateral hearing loss, tinnitus, a low back disorder, peripheral neuropathy of the right upper extremity, peripheral neuropathy of the left upper extremity, peripheral neuropathy of the right lower extremity, erectile dysfunction, sinus disorder, right ankle disorder, left ankle disorder, bowel disorder, headaches, enlarged prostate disorder, left knee disorder, and right knee disorder. The claim for service connection for a skin disability has been remanded.

The Veteran's back disability, left knee degenerative joint disease, hemorrhoids, and tension headaches are all being remanded for further evaluation due to changes in their severity since the last VA examinations.

The Board has remanded the case due to insufficient opinions regarding whether the low back disability is proximately due to or aggravated by the service-connected left thigh disability. The Veteran's claim for secondary service connection remains pending.

The Board has remanded the claims for low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy due to an incomplete medical opinion from a VA examiner regarding whether minor in-service activities/injuries led to degenerative changes at the spine.