Back / lumbar spine Board decisions

The Board has remanded the Veteran's claim for additional evidentiary development, including obtaining an independent medical opinion and VA treatment records from multiple facilities.

The Veteran's claim for an effective date earlier than May 25, 2016, for the award of service connection for lumbar spine disability is denied. The Board finds no document of record received by VA earlier than the May 25, 2016, Intent to File, wherein the Veteran requested reopening the previously denied claim for service connection for a lumbar spine disability.

The Veteran's lumbosacral strain is currently rated at 20 percent, but the Board finds that it does not warrant a higher rating as there is no evidence of additional functional loss or incapacitating episodes.

The Board denied increased ratings for the Veteran's right ankle, right knee, left shoulder, and low back disabilities, except for a 20 percent rating for the right knee with effusion into the joint effective September 26, 2020, and a 60 percent rating for post-prosthetic replacement of the right knee effective December 1, 2021.

The Veteran's claim for total disability based on individual unemployability (TDIU) prior to December 20, 2010 was denied as he did not meet the schedular requirements and his service-connected disabilities were insufficient to render him unable to secure or follow a substantially gainful occupation.

The Board granted an initial 20 percent rating for degenerative disc disease with degenerative joint disease and intervertebral disc syndrome of the thoracolumbar spine prior to May 3, 2023, but denied a higher rating from that date. The claim for an increased rating for left lower extremity radiculopathy was also denied.

The Board granted service connection for a back disability, neck disability, and cervical radiculopathy of the bilateral upper extremities. The claim for blood clots in legs and sleep disorder was denied.

The Veteran's claims for increased ratings are remanded due to the failure to obtain all relevant nonVA treatment records.,The Veteran's bladder problems may be related to his lumbar spine disability or a nonservice-connected condition, and further clarification is needed.

The Board has decided that the Veteran's low back strain is not service-connected, and has ordered a remand to obtain an adequate etiological opinion.

The Board has remanded the claim of service connection for low back condition to include degenerative arthritis, lumbar spine strain, and muscle spasm due to a lack of an adequate examination and opinion regarding the etiology of the Veteran's low back condition.

The appeal for increased ratings in excess of 20 percent, 10 percent, and 10 percent for back disability and bilateral lower extremity radiculopathy has been dismissed due to the October 2022 rating decision not being a final, appealable decision.

The Veteran's claim for a TDIU was denied because the evidence did not show that his PTSD and back disorder worsened to a factually ascertainable date during the one-year period before September 28, 2021.

The Board has decided to remand the Veteran's claims for lumbar spine disability and ED due to incomplete evidence in their respective cases.

The Board denied the Veteran's requests for earlier effective dates for service connection of lumbosacral disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The effective date was set at October 27, 2021.

The Veteran's bilateral pes planus has been granted service connection. The initial rating for lumbosacral strain with thoracic scoliosis is granted, but the case is remanded due to inadequate VA examination records. Service connection for rhinitis and sinusitis is also remanded.

The Veteran's claims for service connection are remanded due to a duty-to-assist error in obtaining his complete service personnel records, including any line-of-duty determinations related to his in-service fall from a bridge.

The Board denied service connection for a chronic back condition, headaches, and alcohol use disorder. The Veteran did not provide sufficient evidence to establish current diagnoses of these conditions.

The Veteran's claims for PTSD and a psychiatric disability other than PTSD are being readjudicated due to new evidence. The claim for Degenerative Disc Disease Cervical Neck Condition is being remanded for further development.

The Board found clear and unmistakable error in the October 2019 SOC that denied service connection for a lumbar spine disability. The correct facts were not before the adjudicator, as the September 4, 2019, VA examiner had reviewed the claims file but this was not acknowledged. As a result, the appeal is granted to reflect a grant of service connection for a lumbar spine disability.

The Board has remanded the Veteran's claims for asthma and degenerative arthritis of the thoracolumbar spine due to a lack of evidence regarding service connection, including potential exposure to toxic agents. The VA will attempt to verify Southwest Asia service and obtain an Individual Longitudinal Exposure Record (ILER).