Back / lumbar spine decisions — 2024

The Veteran's DDD of the lumbar spine and radiculopathy in both lower extremities are rated at 20% prior to specific dates, with some issues denied for higher ratings.

The Board denied service connection for a low back disorder, finding that the Veteran's current condition was not aggravated by his military service and there is no evidence of aggravation beyond its natural progression.

The Veteran's claim for an initial rating in excess of 10 percent for degenerative arthritis and lumbosacral strain, claimed as back sprain and low back strain, is denied.,The Veteran's claim for an initial rating in excess of 30 percent for adjustment disorder with mixed anxiety and depressed mood, claimed as chronic major depression and stress, is denied.

The Board denied service connection for right hand arthritis, left hand disorder, and low back disorder due to lack of evidence showing a current disability or association with service.

Service connection for carpal tunnel syndrome of the right wrist, lumbosacral strain, and gastroesophageal reflux disease (GERD) is denied.,Service connection for tension headaches remains pending as it has been remanded.

The Veteran's claims for effective dates of service connection for patellofemoral pain syndrome and arthritis, right knee, with meniscal tear, and intervertebral disc syndrome and degenerative arthritis, lumbosacral spine (claimed as low back condition), were denied due to the lack of relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim.

The Veteran's claims for higher initial ratings for his lumbar spine disability and radiculopathy with sciatic nerve involvement of the left lower extremity are being remanded due to errors in obtaining relevant private treatment records and a need for additional examination.

The Veteran's left lower extremity lumbar radiculopathy as a complication of his service-connected back condition was granted an effective date of July 19, 2010.,Service connection for the painful scar of the lumbar spine was denied before December 5, 2017.

The Board has decided to remand the claim of service connection for a low back disability due to insufficient medical evidence and duty to assist errors.

The Board has remanded the claims for increased ratings and service connection due to deficiencies in the VA medical opinions obtained during the review process. The AOJ is instructed to obtain additional medical opinions addressing the severity of the appellant's disabilities, including those related to Poland's syndrome, right shoulder strain, foot disabilities, hand disabilities, and back disabilities.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence to support the Veteran's assertions of worsening symptoms or a nexus between his current conditions and service.

The Veteran's claim for increased ratings and service connection for various conditions related to his back disability have been denied. The low back disability is rated at 40 percent, effective November 16, 2022.

The Veteran's lumbosacral strain disability is currently rated at 10 percent, and the Board finds that a higher rating of more than 10 percent is not warranted based on the evidence provided.

The Board has determined that the Veteran's claims for service connection for various musculoskeletal disabilities are remanded due to pre-decisional duty to assist errors.

The Veteran's claims for service connection for recurrent cervical spine and lumbar spine disabilities are remanded due to the absence of a VA examination addressing these conditions.,Service connection is denied for right ear hearing loss, recurrent traumatic brain injury residuals, left ear hearing loss, recurrent cervical spine disability, recurrent lumbar spine disability, recurrent right knee disability, recurrent right ankle disability, recurrent left ankle disability, recurrent nasal disability, and recurrent gastrointestinal disability.

The Board has restored the Veteran's 20 percent rating for lumbosacral strain and remanded his claims regarding hypertension and cervical strain.

The Board has granted the Veteran's claim for service connection for a low back disorder and remanded the issue of secondary service connection for migraines.

The Veteran's service-connected other specified trauma and stressor related disorder is found to have caused weight gain, which in turn led to his current diagnosis of sleep apnea. Service connection for sleep apnea is granted as secondary to the service-connected condition. The Veteran's lumbar spine degenerative disc disease and bulging disc are not manifested by forward flexion of 30 degrees or less, nor by favorable ankylosis, so a rating greater than 20 percent is denied.

The Board denied the Veteran's claims for revision or reversal of the February 8, 2007 rating decision that granted service connection for chronic hip and thoracolumbar strain disabilities. The Veteran argued for separate evaluations due to adduction limitations in hips and associated radiculopathy in spine, but the Board found no CUE.

The Board denied compensation under 38 U.S.C. 1151 for both a back disability and a right shoulder disability, finding that the additional disabilities were not caused by VA care.