Back / lumbar spine decisions — 2024

The Veteran's claims for an effective date earlier than March 4, 2022, for the grant of service connection for adjustment disorder with mixed anxiety and depressed mood and lumbosacral strain have been denied.,The Veteran's claims for initial disability ratings in excess of 50 percent for adjustment disorder with mixed anxiety and depressed mood and 20 percent for lumbosacral strain have also been denied.

The Veteran's claim for service connection for various back conditions, including degenerative arthritis, lumbosacral strain, intervertebral disc syndrome, and a surgical scar is granted effective from April 22, 2015. The decision also grants service connection for left lower extremity radiculopathy.

The Veteran's claim for service connection for tinnitus is granted. The claims for service connection for left ankle disorder, right ankle disorder, and low back disorder are remanded due to a duty-to-assist error. The claim for service connection for an acquired psychiatric disorder remains pending.

The Board has remanded the Veteran's claims for gastrointestinal, left elbow, right elbow, and low back conditions due to a failure to obtain VA examinations and medical opinions. The claims will be reconsidered with these new evaluations.

The Veteran's claim for an initial rating greater than 10 percent for costochondritis has been denied. The Board has also remanded the issue of service connection for a back condition due to incomplete development of the Veteran's service treatment records and the need for a VA opinion on the etiology of his claimed back condition.

The Veteran was found to be precluded from securing and following substantially gainful employment due to service-connected PTSD since March 16, 2021. The Board granted an effective date of March 17, 2021 for the TDIU award.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment since June 2014.,The Board finds that the combination of multiple disabilities, including sleep apnea, coronary artery disease, and lumbar condition with radiculopathy, has prevented the Veteran from securing and maintaining a substantially gainful occupation.

The Veteran's increased rating claims for tension headaches and visual field defect associated with facial nerve palsy have been remanded due to insufficient evidence or need for further evaluation.

The Board denied service connection for various conditions, including PTSD and psychiatric disorders, cervical spine disorder, back disorder, elbow disorders, wrist disorders, shoulder disorders, hip disorders, ankle disorders, and foot disorders. The decision was based on the lack of evidence showing a direct link between these conditions and military service.

The Board has remanded the claims for service connection due to insufficient evidence and will be reconsidered by the Agency of Original Jurisdiction.

The Veteran requested to withdraw his appeal for service connection of a low back disability, and the Board has dismissed the appeal as a result.

The Board finds the VA medical opinions in April 2014 are inadequate and remands for new opinions to determine if the Veteran's right hip, lumbar spine, and bilateral knee disabilities are related to her military service.

The Board denied service connection for a back disability as secondary to service-connected neck disability and denied service connection for a heart disability due to herbicide exposure. The Veteran's current diagnoses were not related to his service-connected conditions.

The Board has remanded the Veteran's claims for service connection, increased rating, and TDIU due to a pre-decisional duty to assist error. The issues include secondary service connection for cervical spine disability, separate ratings for lower extremity radiculopathy, and TDIU based on his lumbar spine disabilities.

The Board has determined that the Veteran's back disability is etiologically related to his active service, resolving reasonable doubt in favor of the Veteran. Therefore, the claim for service connection for a back disability is granted.

The Veteran's claim for increased rating of a lumbar spine disability, right lumbar radiculopathy, and left knee disabilities was granted with effective dates.,An initial compensable rating for the status-post left knee surgical scar was denied.

The Veteran's death was not service-connected, and the appellant is not entitled to DIC benefits under 38 U.S.C. § 1318 because he did not meet the durational requirement for a total disability rating in existence during his lifetime.

The Board has granted service connection for cervical and lumbar degenerative disc disease, as well as left and right shoulder disabilities manifested by pain, popping, and limitation of motion. Service connection for a right knee disability is dismissed.

The Board has remanded the claims for hypertension, GERD, lumbar spine disability, radiculopathy of the left and right lower extremities, and an acquired psychiatric disorder due to pre-decisional errors in VA examinations.,VA is required to provide a VA examination if there is (1) a current disability; (2) an injury or disease in service; and (3) a possible nexus between them.

The Board granted service connection for right and left lower extremity radiculopathy, dismissed the claim for lumbar disability as moot, and remanded the claim for benign prostatic hypertrophy.