Back / lumbar spine Board decisions

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy due to inadequate examination reports and failure to comply with prior remand directives.

The Board has remanded the Veteran's TDIU claims for further development, including obtaining a VA opinion regarding his service-connected disabilities and their impact on employment. The case will be referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's claims for service connection for lumbar degenerative arthritis and TBI/post-concussion syndrome with headaches are being remanded due to the need for additional medical examinations and opinions. The claim for PTSD is also being remanded.

The Board has dismissed the appeals for service connection of cervical spine, lumbar spine, bilateral shoulder, right hip, left hip, bilateral knee, and bilateral ankle disabilities due to a withdrawal by the Veteran's representative in June 2021.

The Veteran's claims for TBI and lumbosacral strain with arthritis and IVDS are remanded due to the need for additional examinations to assess the current severity of these conditions.

The Board denied the claim for payment of non-VA medical services provided to the Veteran on November 30, 2015, due to lack of prior authorization and because the treatment was not in response to a medical emergency. The VA facility was feasibly available.

The Veteran's lumbar spine disability was granted a 40 percent rating, effective prior to January 23, 2020.,The Veteran's left lower extremity radiculopathy was granted an initial 40 percent rating.

The Board has remanded the claims for service connection for a respiratory disability, hypertension, and TDIU due to potential exposure to herbicide agents and lead paint during service. Additional development is needed to verify these exposures.

The Board has remanded the Veteran's claims for lumbosacral strain, right knee disability, left knee disability, and bilateral conjunctivitis due to incomplete or incorrect factual premises in the VA examination reports. Additional development is required including obtaining medical opinions and potentially scheduling additional examinations.

The Board has remanded the case due to deficiencies in the previous examination report, specifically regarding the etiology of the Veteran's low back disability. The claim will be further evaluated with an updated medical opinion.

The Veteran's back disability and radiculopathy of the left lower extremity were granted service connection, but a rating in excess of 40 percent for the back disability prior to October 10, 2022 was denied. The effective date for the 20 percent rating for radiculopathy of the left lower extremity is set at June 30, 2022.

The Veteran's thoracolumbar spine disability is currently rated at 40 percent, effective from February 7, 2023. His bilateral radiculopathy of the lower extremities has been granted service connection as secondary to his thoracolumbar spine disability.

The Veteran's claims for increased ratings for bilateral hearing loss and degenerative disc disease of the lumbar spine were denied. The Board found that the Veteran does not have ankylosis of his lumbar spine, and thus cannot meet the criteria for a disability rating in excess of 40 percent.

The Board has remanded several issues related to the Veteran's claims, including service connection for various conditions and evaluations. The additional evidence from VA will be reviewed by the AOJ.

The Veteran's back disability, including lumbar degenerative joint disease, arthritis, and intervertebral disc syndrome, is granted. Effective June 24, 2010, the Veteran receives special monthly compensation for aid and attendance due to Parkinson's Disease other than those contributing to loss of use of the lower extremities.

The Board has remanded the issues of entitlement to increased ratings for right knee scars, limitation of flexion, and limitation of extension prior to November 23, 2018 due to inadequate VA examination reports.

The Veteran's claim for increased ratings for lumbar retrolisthesis, myositis, and IVDS was denied. A rating of 10 percent for costochondritis is granted.

The Veteran's claims for earlier effective date and increased ratings for lumbosacral strain were denied. The Board found that the evidence did not meet the criteria for an earlier effective date prior to November 12, 2016, or for a rating in excess of 10 percent before July 11, 2022, and no medical records are available after this period.

The Board has decided to remand the case due to inadequate opinions regarding the Veteran's back disorder, specifically addressing a failed fusion with a fracture of the L1 vertebra at the site of pedicle screws associated with the October 2015 surgery. The examiner must provide specific opinions on carelessness, negligence, and unforeseeable events.

The Board has determined that additional evidence has been added to the record since the last review by the AOJ. The claims for service connection are being remanded for further consideration.