Back / lumbar spine Board decisions

The Board has remanded the claims for chronic knee and back conditions due to pre-decisional errors in VA examinations.

The Board has determined that the VA did not provide proper development for the Veteran's claim of service connection for back pain, including lumbar and cervical spine pain. The case is being remanded to correct this error.

The Veteran's tinnitus is granted service connection. The Board finds it was a pre-decisional duty to assist error not to clearly identify the Veteran's periods of ACDUTRA and INACDUTRA, and remands for further action on dizziness (vertigo), gastrointestinal disorder, sleep apnea, back disorder, right shoulder disorder, right-hand disorder, left-hand disorder, headaches, and neck disorder.

The Board has determined that a VA medical examination is necessary to determine the nature and etiology of the Veteran's back disability, which may be related to military service. The case is being remanded for further development.

The Board has remanded the cases due to pre-decisional duty to assist errors and the need for additional medical examination.

The Board has granted service connection for the low back disability effective from April 17, 2019, finding that the Veteran's original claim was improperly processed and forfeited due to a delay in notifying him of an improper form. The decision also considers the intent-to-file framework, which allows for the effective date to be backdated to April 17, 2019.

The Veteran's claims for service connection for various conditions, including CFS, hypertension, GERD, hip arthritis, shoulder and knee conditions, ankle conditions, cervical spine and low back conditions, bilateral pes planus, and bilateral plantar fasciitis, have been denied. The Board found no evidence of current disabilities or a nexus to active duty service.

The Board has decided to remand the service connection claim for obstructive sleep apnea due to its complexity and need for additional medical opinions.

The Board has remanded the Veteran's claims for service connection due to errors in the pre-decisional duty to assist. The upper back condition claim is being remanded because of an inadequate opinion regarding the etiology, and a lack of VA medical records from or around 2000. The lower back disability claim is also being remanded as there was no direct service connection opinion obtained.

The Veteran's claims for service connection for cervical spine and lumbar spine DDD are being remanded due to procedural errors in the initial rating decisions. The Board will consider the evidence of record at the time of these decisions on a de novo basis.

The Board has determined that the current VA medical opinions are inadequate and remands for further clarification on whether the Veteran's service-connected lumbar strain with degenerative arthritis caused his obesity, or aggravated it. Additionally, an opinion is needed to determine if the Veteran's obstructive sleep apnea is secondary to medications prescribed for his back disability.

The Board denied an initial compensable disability rating for the service-connected bilateral hearing loss and remanded several claims for service connection.

The claims for service connection for a cervical spine disorder, thoracolumbar spine disorder, right shoulder disorder, and right foot tendonitis have been reopened but are remanded for further development.

The Board remands the claims for service connection for various disorders to provide the Veteran with a formal hearing and appropriate medical examinations.

The Board remanded the claims for service connection for a back disorder, neck disorder, and obstructive sleep apnea to obtain additional medical opinions due to inadequate VA examinations.

The Veteran's back disability is rated at 50% effective from the date of his last examination, which was March 2024. The rating reflects unfavorable ankylosis of the thoracolumbar spine.

The Board remands the Veteran's claim for a new examination to provide an adequate retrospective opinion of the severity of his service-connected degenerative disc disease of the thoracic spine with a history of compression fractures.

The case is remanded to obtain outstanding private medical treatment records and reschedule a VA examination for the Veteran's back disability.

The Veteran's nonservice-connected pension claim was denied because he did not serve during a period of wartime for pension eligibility purposes, and his service-connected disabilities were incurred during active duty.

The Board has remanded the Veteran's claims for a higher rating for her low back disability and related sciatic radiculopathy due to insufficient reasoning in the May 2015 and May 2023 VA Back Conditions DBQs, including lack of consideration of flare-ups and functional loss.