Back / lumbar spine Board decisions

The Board has remanded the cases for further development and examination, as there are inconsistencies in the evidence and additional information is needed to make a determination.

The Board has remanded the Veteran's claims for service connection for a back condition and esophageal cancer, including as due to radiation exposure. Additional evidence is needed to determine if there is a link between the conditions and service.

The Veteran's appeals regarding reductions in rating, increased ratings, earlier effective dates for certain benefits, and an earlier effective date for a total disability rating based on individual unemployability have been withdrawn. The Board has dismissed these appeals.

The Board has decided to remand the Veteran's claims for service connection and rating issues due to conflicting evidence and need for additional examination. The Veteran is not entitled to a disability rating in excess of 10 percent for TBI prior to December 17, 2020, and entitlement to a disability rating in excess of 70 percent thereafter for conversion disorder with mixed symptoms with other specified trauma and stressor-related disorder and TBI. The Veteran's claims for service connection for sleep apnea, cervical and lumbar spinal damage are also remanded.

The Veteran's low back disability is currently rated at 20 percent, but the Board denied an increased rating greater than 20 percent.,The Veteran was granted a 20 percent initial rating for radiculopathy of the left lower extremity (femoral nerve) and a 10 percent initial rating for radiculopathy of the left lower extremity (sciatic nerve).,The Board denied an increased rating greater than 20 percent for radiculopathy of the left lower extremity (sciatic nerve), finding that it more nearly approximated moderate paralysis.

The Veteran's appeal for an increased rating for a lumbar spine compression fracture has been dismissed due to the death of the Veteran. The Board does not have jurisdiction to adjudicate this claim as the appellant is deceased.

The Veteran's claim for service connection is being remanded due to the need for additional evidence and examination. The issues of service connection for left knee, left leg, low back, right hip, and right knee disabilities are all under review.

The Veteran's thoracic and lumbar muscle strain and spasm were rated at 40% effective May 9, 2013. Prior to that date, the disability was rated at 20%. The Board found a higher rating warranted for the period prior to May 9, 2013.

The Veteran's claims for increased ratings are remanded due to the need for updated VA treatment records and examinations.

The Board has dismissed the appeals for service connection of various conditions due to the Veteran's death.

The Board has remanded the issue of TDIU prior to October 26, 2016 due to insufficient evidence in the record regarding whether the Veteran's service-connected disabilities rendered him unemployable.

The Board has granted service connection for spinal stenosis and degenerative disc disease, finding that new evidence supports reopening the claim. The case is remanded to obtain a medical opinion regarding whether these conditions are related to service.

The Veteran's chronic pain syndrome and left lower extremity lumbar radiculopathy are granted service connection. The right hip disorder and acquired psychiatric disorder are remanded for further development.

The Board has decided to remand the Veteran's claim for a back disability due to an error in obtaining a medical opinion regarding whether his current condition is related to service. The VA examiner did not provide a nexus opinion as to whether the Veteran's back disability was incurred during his military service or is otherwise related to his service.

The Veteran's death was not due to a service-connected disability, but his pending claim for back disability was sufficient to grant the nonservice-connected burial benefits.

The Veteran's back brace, which is a soft flexible material, was not certified to cause wear and tear on clothing. Therefore, the claim for an annual clothing allowance due to use of a back brace in 2019 is denied.

The Board has remanded the claims for service connection due to a pre-decisional duty to assist error. The Veteran's cervical and lumbar spine disabilities, as well as bilateral lower extremity radiculopathy, are being reviewed again.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine was granted an initial 20 percent disability rating from January 13, 2015 to August 19, 2020.

The Board has granted the Veteran's claims of service connection for left knee disorder, right knee disorder, and lumbar spine disorder. The decision is based on the Veteran's credible statements regarding in-service injuries and a private physician's opinion linking his current conditions to military service.

New evidence has been submitted supporting the Veteran's claims for service connection of low back, right knee, left third finger, and right fourth finger disabilities. These cases are remanded to determine if these conditions are related to service.