Back / lumbar spine Board decisions

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical examination.

The Board has remanded the case due to insufficient consideration of the Veteran's lay statements regarding his lumbar spine disability flare-ups. The Veteran and his attorney need to provide copies of these statements, and a new examination is needed to assess the impact of flare-ups on the Veteran's ability to function.

The Board has granted service connection for the Veteran's low back disability, finding that his symptoms are at least as likely as not incurred during military service.

The Board has dismissed the appeals as to all service connection claims due to the appellant's withdrawal of his appeal.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment. The TDIU claim is granted, but the increased rating for muscle disability of the neck and left shoulder is remanded due to lack of recent medical records.

The Veteran's lumbar strain with degenerative arthritis was rated at 10 percent, and the Board found that it did not meet the criteria for a higher rating based on limitation of motion or IVDS.

The Veteran's claim for service connection for a back disability and erectile dysfunction as secondary to his service-connected psychiatric disability has been granted. The case is remanded for further development.

The Board has remanded the Veteran's claims for bilateral hearing loss, neck condition, upper extremity radiculopathy (RUE and LUE), back condition, lower extremity radiculopathy (RLE and LLE), right shoulder condition, left shoulder condition, right elbow condition, left elbow condition, right knee condition, left knee condition, right foot condition, and left foot condition.,The Board found that the Veteran's claims for these conditions are inextricably intertwined with his neck condition and other related claims.

The Veteran's claims for bilateral hearing loss, tinnitus, hypertension, and migraine headaches are denied as there is no evidence of a current disability or a link to service.,Service connection for bilateral shoulder condition, lower back condition, and right foot condition is also denied due to lack of evidence linking these conditions to service.

The Veteran's service-connected disabilities, combined, rendered him unable to secure and follow substantially gainful employment from June 17, 2019, to October 6, 2019. The appeal is remanded for additional development.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence of a current disability related to active duty. The case was remanded for further examination and opinion regarding left shoulder, bilateral foot, and back disabilities.,The Board has also remanded the claims for service connection for a left shoulder disability, bilateral foot disability, and back disability due to in-service injuries or diseases.

The Veteran is granted a 40% rating for his service-connected back disability, effective February 4, 2021. The earlier effective date of February 4, 2021, was established.

The Board has decided to remand two issues: the rating for lumbar spine condition prior to August 1, 2019 and a separate rating for bowel and/or bladder condition associated with the service-connected lumbar spine condition. The Veteran's claims are being returned for further development.

The Veteran's lumbosacral strain with degenerative disc disease and spondylosis of thoracic spine have been rated at 10% each since March 29, 2002. The current appeal seeks an evaluation in excess of the existing ratings.

The Veteran's service connection for sleep apnea is granted, while his claims for bilateral hearing loss and right tibia strain are denied. The initial rating for post-laminectomy syndrome of the lumbar spine remains at 20 percent, and the initial ratings for PTSD and major depressive disorder remain at 70 percent.

The Board has remanded the claim for a back disability due to service, as it needs an opinion considering the Veteran's lay statements about his in-service duties.

The Board has determined that the Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to July 30, 2021.

The Veteran's claim for service connection for a back disability was not reopened, and the appeal is denied.,The Veteran's claim for an increased rating for bilateral hearing loss remains denied.,The Veteran's claim for an earlier effective date for the grant of a 20 percent rating for bilateral hearing loss is also denied.,The Veteran's claim for service connection for hypertension has been remanded.

The Board has remanded the Veteran's claim for a lumbar spine disability due to potential preexisting conditions and lack of clear and unmistakable evidence (CUE) that the condition was aggravated by service. The case is sent back for an adequate medical opinion.

The Board has remanded the Veteran's claims for service connection for left hip and back disabilities due to incomplete service treatment records, credible lay statements of in-service injury, and insufficient medical evidence. A VA examination is needed to determine if these conditions are related to military service or other factors.