Back / lumbar spine decisions — 2023

The Board has remanded the service connection claims for right hip and lumbar spine conditions due to new evidence received since the last decision. The Veteran's active military service is alleged to be related to his current conditions, but the VA examiners' opinions are deemed inadequate.

The Board has remanded the case due to a failure to provide a VA examination and opinion in response to the Veteran's claim for service connection for a back disability. The RO must schedule an examination and readjudicate the claim.

The Board denied the Veteran's claim for service connection of a lumbar spine condition, finding no evidence linking his current disorder to service. The Veteran also failed to meet the criteria for special monthly compensation based on aid and attendance or housebound status due to his service-connected disabilities.

The Board has granted effective dates of February 5, 2019 for the service connection of degenerative arthritis of the spine (claimed as low back injury), left lower radiculopathy (sciatic nerve), and right lower radiculopathy (sciatic nerve). These decisions are subject to the rules and regulations governing the payment of monetary benefits.

The Board has granted the Veteran's claim for service connection for a lumbosacral strain, finding that it is caused or aggravated by his service-connected foot disabilities.

The Veteran's service-connected disabilities do not result in loss or loss of use of a hand or foot, permanent vision impairment of both eyes, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of a knee or hip. Therefore, the Veteran is not eligible for financial assistance for an automobile and adaptive equipment.

The Board has determined that the Veteran's low back disability did not begin during service and is not related to an in-service injury, thus denying his claim for service connection.

The Board has remanded the appellant's claims for an increased rating for his lumbar spine disability and entitlement to TDIU prior to October 28, 2011 due to inadequate reasons and bases in identifying the period on appeal and assigning effective dates. The AOJ is instructed to obtain additional medical opinions addressing the severity of the appellant's lumbar spine disability during the period on appeal from October 20, 1981, through October 28, 2011, including during flare-ups. The TDIU claim must be readjudicated after completing this development.

The Board has determined that the Veteran's cervical spine degenerative disc disease is related to his active duty service and granted service connection for this condition.

The Veteran's claim of entitlement to service connection for a lumbar spine disability was granted, while the claims for left knee and left ankle disabilities were denied.

The Veteran's heart disorder is rated at 60 percent from August 24, 2020 to July 12, 2021. From July 12, 2021 to April 7, 2022, the Veteran meets criteria for a TDIU based on multiple service-connected disabilities.

The Board has granted service connection for a thoracolumbar spine disability and obstructive sleep apnea. Service connection for residuals of prostate cancer is remanded due to an error in satisfying the PACT Act duty.

The Veteran's appeals for service connection for back disability and allergic diathesis, to include a sinus condition have been dismissed due to the withdrawal of these claims by his authorized representative.

The Board has dismissed the issues of entitlement to service connection for bilateral hearing loss and tinnitus due to withdrawal by the Veteran. The remaining claims have been REMANDED for further development.

The Board has determined that there was a duty to assist error and remanded the case for an adequate medical examination to determine if the Veteran's chronic low back pain pre-existed service, whether it worsened during service, and if it is etiologically related to active service.

The Veteran's service-connected disabilities, including coronary artery disease and lumbosacral strain, rendered him unable to secure or maintain substantially gainful employment on and prior to January 11, 2023. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 was also established.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional examinations. The Board is unable to make a decision on these matters without further evidence.

The Veteran's lumbar spine degenerative disc disease is currently rated at 20 percent, which does not meet the criteria for a higher rating.,The Board has denied an increased rating for the Veteran's lumbar spine disability.

The Veteran's lumbar spine disability is granted a 40 percent rating, and his right and left lower extremity radiculopathy are each granted a 40 percent rating.

The Veteran's service connection claim for DDD of L3-4 with DJD of the lumbar spine is granted.,An initial rating of 30 percent for residuals of vestibular neuritis is granted, subject to controlling regulations governing the payment of monetary awards. The Veteran's right and left knee disabilities are remanded for further evaluation.