Back / lumbar spine Board decisions

The Board has decided to remand the cases for further development due to inadequate evaluations of the Veteran's low back strain and COPD with OSA.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and failure to address all required elements in the prior remands. The issues of low back, cervical spine, right knee, left hip, and right hip disabilities are being reviewed again.

The Veteran's claim for service connection for a back disorder is reopened.,An effective date prior to June 23, 2017, for the grant of service connection for PTSD and DEA is denied.

The Board has remanded the Veteran's claims for lumbar spine degenerative arthritis and disc disease, left knee arthritis with history of meniscal tear, and right knee arthritis with history of meniscal tear due to inadequate VA examination reports. The Veteran is entitled to a new VA examination to determine the etiology of his disabilities.

The Board has granted service connection for right upper extremity radiculopathy and thoracolumbar spondylosis with right lower extremity radiculopathy, finding that these conditions are related to the Veteran's service-connected degenerative arthritis of the cervical spine stemming from a booby trap incident during his active service. The Board also found that the Veteran has other disabilities on his right side, including shoulder and hip pain, which may be related to his service or service-connected conditions.

The previously denied claims for TMJ and left knee disability are being reopened.,The previously denied claim for a back disability is being remanded.

The Board has decided to remand the case due to an intertwined claim for a lower back disorder, and it is recommended that the neurogenic bladder claim be reconsidered once the lower back issue is resolved.

The Veteran's lumbosacral strain is now rated at 20 percent effective from December 31, 2019. His tension headaches are also rated at 30 percent effective from the same date.

The Veteran's claim for service connection for degenerative arthritis and spinal stenosis, lumbosacral spine, with left lower extremity radiculopathy was denied as the evidence did not support a finding that these conditions began during service or were related to an in-service injury.,The Veteran's claim for service connection for his right ankle disability was remanded due to insufficient development.

The Veteran's claim for a higher rating for his back disability and TDIU was denied. The Board found that the evidence did not support an increased rating under DC 5237, as it did not meet the criteria for a higher rating based on limitation of motion. For TDIU, the combined schedular rating exceeded 70%, but the Veteran's employment status and education were considered in determining his unemployability.

The Veteran's claims for higher ratings for his service-connected back disability are remanded due to insufficient medical evidence and incomplete VA treatment records. A new examination is needed, and attempts should be made to obtain additional VA treatment records and Social Security Administration (SSA) records.

The Veteran's gastric disorder is granted as service connected, and the lumbar spine disorder claim is remanded for further development.

The Board has remanded the claims for a VA examination to assess the current severity of the Veteran's lumbar spine disability, and to provide retrospective opinions on the extent of functional loss during flare-ups or after repeated use over time.

The Board has remanded the Veteran's claims for cervical spine and low back disabilities due to insufficient medical nexus opinions. The RO is instructed to obtain addendum opinions addressing the nature and etiology of these disabilities.

The Board has remanded the Veteran's claims for service connection for lumbar spine, left hip, right hip, and left shoulder disabilities due to insufficient evidence regarding their etiology.

The Veteran's cervical, lumbosacral, right knee, and left knee strains have been granted service connection.,A rating of 10 percent has been assigned for the Veteran's tinnitus.

The Veteran's disability rating for lumbar spine disability was reduced from 40% to 20%, effective August 23, 2018. The reduction was improper and the prior 40% rating is restored.

The Board has remanded the Veteran's claims for increased ratings for his cervical and lumbar spine disabilities, as well as his claim for SMC based on the need for regular aid and attendance due to service-connected disabilities. The AOJ must schedule a VA examination to assess the current severity of these conditions and determine if they result in the need for SMC.

The Veteran's service-connected lumbosacral strain and right knee disability are being remanded for further evaluation due to the significant period of time since his last examinations.

The Board has remanded the claims for an initial rating in excess of 10 percent for a low back disability, service connection for bilateral leg and foot disabilities, and TDIU due to failure to obtain VA examinations as directed by prior remands.