Back / lumbar spine decisions — 2024

The Veteran's appeal for a rating in excess of 40 percent for lumbar spine degenerative disc disease, apophysitis, and right L2 3 laminoforaminotomy and partial facetectomy residuals was dismissed due to procedural issues.

The Board remands the claim for a low back disability to correct a duty to assist error in satisfying its duties under 38 U.S.C. § 5103A.

The Board has granted service connection for lumbar spine degenerative disc disease, right shoulder impingement syndrome with acromioclavicular (AC) joint arthritis, left shoulder tendonitis and rotator cuff tendinopathy, and overactive bladder. The conditions are deemed to be related to the Veteran's military service.,The decision is based on the Veteran's credible statements about his in-service injuries and the VA examiner's opinion that these conditions are at least as likely as not caused by his service.

The Veteran's obesity is not service-connected as it is not a compensable disability.,Prior to October 5, 2022, the Veteran's left and right lower extremity femoral nerve radiculopathies were rated at 10 percent each. The Board finds that they are currently less than moderate in severity.,The Veteran's left and right lower extremity femoral nerve radiculopathies have not been found to be more than moderate in severity prior to October 5, 2022.,Prior to August 17, 2022, the Veteran's left and right lower extremity sciatic nerve radiculopathies were rated at 10 percent each. The Board finds that they are currently less than moderate in severity.,The Veteran's service-connected thoracolumbar spine disability has not been found to be more than 20 percent disabling.

The Board has decided to remand the claims of service connection for back and neck disabilities due to insufficient medical evidence. The Veteran's lay statements will be considered, along with his reported symptoms during service.

The Veteran's claims for service connection were denied in the May 2013 decision due to a lack of evidence of current disability and no objective evidence of a chronic respiratory condition.

The Veteran's claims for increased ratings and an earlier effective date are remanded due to pre-decisional duty to assist errors. The Board requests a retrospective medical opinion regarding the severity of his lumbar spine disability, left lower extremity radiculopathy, and status post laminectomy scar during the period from February 22, 2012, to October 25, 2020.

The Board has found new and relevant evidence for the Veteran's claims of service connection for a left knee disorder and a back disorder, leading to their remand. The AOJ will consider these claims on the merits.

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 Veteran's service-connected disabilities, including lumbar radiculopathy, low back pain, spinal stenosis, and bipolar disorder, require regular aid and attendance. The Board has granted entitlement to special monthly compensation based on the need for regular aid and attendance.

The Board has denied the Veteran's claims for service connection for various orthopedic disabilities, finding that there is no evidence of a current disability or a causal relationship to service.

The Board denied the Veteran's claim for service connection for a back disability, finding that it did not manifest within one year after separation from service and is not related to an in-service injury or disease. The Board also found no secondary service connection due to Hepatitis C.

The Veteran's appeals for a rating in excess of 20 percent for lumbosacral strain, TDIU prior to March 8, 2021, and earlier effective date for DEA have been dismissed due to the appeal being in a different AMA stream.

The Veteran's service-connected disabilities render her in need of the regular aid and attendance of another person, with all reasonable doubt resolved in her favor.

The Veteran's back disability was not productive of unfavorable ankylosis or bed rest, and the reduction from 40% to 20% is granted.,The reduction from 40% to 20% for radiculopathy in both lower extremities is granted. The Veteran's symptoms most nearly approximated moderate incomplete paralysis of the sciatic nerve throughout the period on appeal.

The Board denied the Veteran's request for an extension of a temporary total rating beyond May 1, 2019 due to lumbar spine surgery. The evidence did not support extending the convalescence period longer than already warranted.

The Board has denied service connection for degenerative disc disease, compression fracture T6 and T10 and left ankle sprain as the evidence does not support a nexus to service.

The Veteran's claim for higher ratings on his back disability, left hip disabilities, and lower extremity nerve radiculopathy were denied. The postoperative back scar was also denied.

The Board has remanded the cases for a referral to the Director, Compensation Service, for extraschedular consideration of TDIU and SMC due to service-connected disabilities.