Back / lumbar spine decisions — 2024

The Veteran's low back disability is rated at 40 percent, and service connection for a neck disability is granted. The appeal regarding the higher rating for the low back disability was denied.

The Veteran's TDIU claim is granted as of May 23, 2016. The Board has also remanded the claims for service connection and a higher rating for his right big toe disability.

The Board denied the Veteran's claims for service connection for right knee disability, low back pain, and headaches due to a lack of diagnosed or identifiable disabilities at the time of the June 1995 rating decisions. The AOJ applied then-binding law which held that pain alone without a diagnosed condition is not sufficient for VA compensation purposes.

The Board has decided to remand the Veteran's claim for lumbar spinal stenosis with bilateral lower extremity radiculopathy due to insufficient evidence in the VA examiner's opinion. The case will be returned for a new examination and an adequate medical opinion.

The Veteran's back disability, rated at 20 percent, is not shown to warrant a higher rating as it does not meet the criteria for an increased evaluation.

The Board has decided to remand the Veteran's claim of service connection for back disability due to a lack of complete service treatment records, particularly those from his deployment in Kuwait and during National Guard duty. The claims file is missing relevant medical evidence that could support or refute the Veteran's claim.

The Veteran's right forearm scar and fracture of the radius, right arm were not rated as compensable. The Board found no evidence that these conditions began during service or are otherwise related to active service.,The Veteran's fracture middle finger, left hand was not linked to his service. The VA examiner opined it is less likely than not related to his military service.

The Board denied the Veteran's claim for an increased rating in excess of 10 percent for his lumbar spine disability, finding that the evidence did not support a higher rating based on limitation of motion and lack of objective neurological abnormalities.

The Veteran's appeals for PTSD and a higher initial rating for lumbosacral strain have been dismissed as he has withdrawn his appeal.

The Veteran's claims of service connection for tinnitus and a low back disability are granted. The Board found that the Veteran had continuous symptoms since service, establishing a causal relationship to his military service.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the relationship between his current knee and back conditions and his military service. The VA is instructed to provide additional medical opinions on these issues.

The Board has remanded the Veteran's claims for service connection due to incomplete records and inadequate VA medical opinions. The AOJ is instructed to obtain complete STRs, including any classified jump records and OERs, and provide the Veteran with a comprehensive VA examination to determine if his current disabilities are related to his active service.

The Board has found that the Veteran's claims for psychiatric disability, bilateral plantar fasciitis, bilateral carpal tunnel syndrome, gastrointestinal disability, lumbar spine disability, and bilateral knee disabilities are remanded due to inadequate VA examinations.

The Board has granted service connection for back disability and GERD as secondary to the Veteran's service-connected right knee disability and OSA, respectively. Service connection for plantar fasciitis is denied due to lack of current diagnosis.,The Veteran's low back pain developed secondary to his service-connected right knee disability. His GERD symptoms are linked to his service-connected obstructive sleep apnea (OSA) and bronchial asthma.

The Veteran's bilateral plantar fasciitis, left shoulder strain (rotator cuff tendinitis), and lumbosacral strain are not service-connected. The Veteran's allergic rhinitis is also not service-connected.,An initial rating of 20 percent for cervical strain was granted effective March 31, 2022.

The Veteran's appeal is denied as the appellant is not eligible to direct payment of attorney fees based on past-due benefits awarded in the April 2022 rating decision due to lack of a valid direct pay fee agreement covering the issues that were granted.

The Veteran's appeal is remanded due to the need for a new vocational rehabilitation evaluation to determine if he is entitled to additional VR&E services, including pursuing a career in journalism. The current evaluations are insufficient and do not consider his specific interests and aptitudes.

The Veteran's scoliosis of the thoracolumbar spine is denied an increased evaluation. The Board granted presumptive service connection for asthma on a basis other than PACT Act, but remanded to obtain additional medical opinions regarding TERA exposure and secondary service connection for migraines.

The Board has granted service connection for a low back disability, right lower extremity radiculopathy and sciatica, and left lower extremity radiculopathy and sciatica. The Veteran's symptoms have been observed since his military service.

The Board has remanded the case due to a duty-to-assist error and needs an updated medical opinion regarding the Veteran's low back condition.