Back / lumbar spine Board decisions

The Board has decided to remand the case due to a failure to provide an adequate examination in the past, and additional evidence is needed to determine if the Veteran's degenerative disc disease is related to his service.

The Board has remanded the Veteran's claims for service connection due to an error in providing notice of his right to a hearing before the RO.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, an acquired psychiatric disorder (including PTSD, anxiety, and insomnia), headaches, traumatic brain injury, obstructive sleep apnea, knee disorders, foot disorders, ankle disorders, elbow disorders, shoulder disorders, hip disorders, hand disorders, wrist disorders, lumbar spine disorders, shin disorders, cold injury disorders, upper extremity cold injury disorders. The Board found that the Veteran did not have a diagnosis for these conditions during service or within one year of discharge and thus could not establish service connection.

The Veteran's low back disability, left wrist arthritis, and hypertension have been granted service connection. The low back disability is directly related to the in-service motorcycle accident. Left wrist arthritis is presumed due to continuous symptomatology since service. Hypertension has been aggravated by chronic pain from other service-connected disabilities.

The Board has determined that the Veteran does not have current diagnoses of any claimed foot, hip, knee, or lower back conditions. The claims for these conditions are therefore denied.

The Board has determined that a remand is necessary to correct the pre-decisional duty to assist error and obtain an adequate VA examination for the Veteran's left knee disability.

The Veteran's appeal of the December 2018 SOC is reinstated, and his claims for service connection are decided on their merits.

The Board has dismissed the Veteran's appeals for service connection on multiple conditions due to an administrative error in docketing.

The Veteran's ratings for right lower extremity sciatic radiculopathy, left lower extremity femoral radiculopathy, and lumbar spine painful scar were reduced from 10% to noncompensable effective August 1, 2023. The reduction was remanded due to inadequate consideration of whether there was an improvement in the Veteran's condition.

The Board has granted the Veteran's claims for service connection for low back disability and hypertension, but remanded the issue of service connection for hypertension due to a lack of a VA examination.

The Veteran's lumbar spine disability and PTSD with panic disorder have been granted service connection, and the Veteran has also received a 70% disability rating for his PTSD. The issues of TDIU and temporary total evaluation due to surgery requiring convalescence or hospitalization are still pending.

The Veteran's lumbosacral spine disability was granted an initial rating of 40 percent. The Board found that the Veteran's lumbosacral spine disability warranted a 40 percent rating based on forward flexion limited to 30 degrees or less after repeated use over time and during flare-ups. Service connection for right knee, left knee, and bilateral hearing loss disabilities is remanded.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's back condition is related to his time on active duty, including a motor vehicle accident.

The Board has found that the March 2004 rating decision did not become final due to new and material evidence submitted within one year of notice. The claim for an earlier effective date is remanded.

The Board has remanded the claims for service connection for back disability, right knee disability, and left knee disability due to a pre-decisional duty to assist error. The Veteran needs to be provided with a Gulf War examination to determine if his disabilities are related to his service in Southwest Asia.

The Veteran's low back disability was rated at various levels from 10% to 40%, with a TDIU granted. The case is remanded for further development.

The Veteran's claims for increased ratings for his service-connected lumbar spine and radiculopathy conditions are being remanded due to the need for a new VA examination. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is also being remanded as it is inextricably intertwined with the claims for increased ratings.

The Board has remanded the claims for service connection for a low back disability and right lower extremity pain and numbness due to inadequate compliance with previous remand directives. The Veteran's statements regarding his injuries in service must be considered, as well as the use of a back brace during service.

The Veteran's claims for higher initial ratings for his low back strain, right knee patellar dislocation with chronic strain, and right knee meniscus disability have been granted. The effective date is November 29, 2011.