Back / lumbar spine decisions — 2024

The Board has remanded the Veteran's claims for service connection for lumbar strain, allergic rhinitis, sinusitis, and obstructive sleep apnea due to a failure to provide a VA examination addressing the Veteran's lay contentions.

The Veteran's claims for service connection for a low back condition and bilateral flatfoot, as well as his claim for an initial compensable disability rating for his service-connected bilateral hearing loss, are being remanded due to the need for additional medical examinations.,The Board has found that the Veteran is not entitled to a compensable disability rating for his service-connected bilateral hearing loss.

The Veteran's appeal for earlier effective dates for TDIU and DEA benefits was granted in full, resulting in the dismissal of these issues.,The Veteran's headaches with dizziness were rated at 30 percent prior to February 23, 2022. The Board found that while he experienced characteristic prostrating attacks once a month, they did not meet the criteria for a higher rating due to lack of severe economic inadaptability.,Prior to February 23, 2022, the Veteran's lumbar strain was rated at 10 percent. The Board found that while he experienced characteristic prostrating attacks once a month, they did not meet the criteria for an increased rating due to lack of severe economic inadaptability.,After February 23, 2022, the Veteran's lumbar strain was rated at 20 percent and this rating is denied as there is no evidence of incapacitating episodes or other factors warranting a higher rating.

The Board has remanded the issues of service connection for various disabilities, including back disability, right and left knee disabilities, hand disabilities, and foot disabilities due to duty-to-assist errors.

The Board granted service connection for sinusitis and denied the claims for service connection for left knee disorder, right knee disorder, bilateral hearing loss, initial disability rating in excess of 10 percent for allergic rhinitis, low back disorder, left lower extremity numbness, right lower extremity numbness, left upper extremity numbness, right upper extremity numbness, and tension headaches.

The Board has determined that the Veteran does not have a current low back disability and therefore cannot establish service connection for this condition.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's claim of service connection for degenerative disc disease, cervical spine. The VA examiner will need to provide a thorough opinion considering all relevant evidence.

The Board has remanded the case due to a duty-to-assist error, requiring an examination to determine if the Veteran is in need of aid and assistance as a result of his service-connected lumbar spine disorder with associated radiculopathy.

The Board has determined that the Veteran's back disability is not service-connected due to a lack of in-service treatment records and insufficient medical opinion. The case is being remanded for further development.

The Board has granted service connection for erectile dysfunction, gastroesophageal reflux disease, bilateral hip disabilities, bilateral knee disabilities, and lumbar disability as secondary to the Veteran's service-connected left ankle disability.

The Veteran's appeal for a higher rating for lumbar spondylosis has been dismissed as the Veteran requested withdrawal of the appeal.

The Veteran's lumbosacral strain and lumbar radiculopathy of the right and left lower extremities are granted as secondary to his service-connected bilateral knee degenerative joint disease.

The Veteran's claims for increased ratings for left knee strain, lumbosacral strain, and unspecified anxiety disorder were denied. The Board found that the evidence did not support a higher rating for any of these conditions.

The Veteran's appeal for service connection for a back disability was dismissed due to his death during the pendency of the appeal.

The Veteran's claim for an earlier effective date for service connection of a low back disability was denied as there was no pending formal or informal claim prior to January 11, 2019. The earliest possible effective date under the law is the date of his continuously pursued January 11, 2019, service connection claim.

The Veteran's claims for increased ratings for lumbosacral spine degenerative arthritis with intervertebral disc syndrome, left knee patellofemoral syndrome, right knee medial femoral condyle fracture and patellofemoral syndrome, left knee instability, and right knee instability are being remanded due to the need for additional examinations.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of an in-service injury or disease and that any current lumbar spine disability did not have its onset during active service.

The Veteran's appeals for a compensable rating for right medial tibial stress syndrome, a rating greater than 30 percent for asthma, and a rating greater than 20 percent for lumbar strain with spondylolisthesis and joint space narrowing have been withdrawn. The Veteran has also been granted TDIU based on his service-connected disabilities.

The Board has remanded the claims for service connection for back, left knee, and right knee conditions due to an unsteady gait caused by a service-connected ingrown toenail residuals. The AOJ is required to obtain additional medical opinions addressing the etiology of these conditions.

The Veteran's appeal is remanded due to the lack of records from his lumbar spine surgery at a non-VA community care provider, which may have resulted in substandard care. The VA must obtain and associate these records with the claims file.