Back / lumbar spine decisions — 2024

The Board has granted the Veteran's claims for service connection for low back disability and left ankle disability due to receipt of new and relevant evidence. The cases are being remanded for further adjudication.

The Board has remanded the claims for cervical and lumbar radiculitis due to a lack of VA examination records from the Veteran's Tennessee Air National Guard service, which could provide important context for determining whether these conditions are related to military service. The AOJ is instructed to obtain these records and schedule the Veteran for appropriate medical examinations.

The Board has remanded the claim for service connection of left hip strain and denied a rating in excess of 10 percent for spondylosis and degenerative disc disease of the lumbar spine. The current rating is maintained.

The Veteran's appeal for service connection for bilateral hearing loss was denied. The Veteran's claim for an initial 20% disability rating for bilateral dry eye with pinguecula and conjunctivitis was granted, but the other claims were denied.

The Veteran's claim for TDIU was denied as there is no evidence of a pending unadjudicated claim prior to July 12, 2022. The effective date for the grant of TDIU is set at July 12, 2022.

The Board has granted secondary service connection for obstructive sleep apnea, finding that the Veteran's obesity, caused by his service-connected back disability, was a substantial factor in developing this condition.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another individual, as they cause her to require assistance with feeding, preparing meals, dressing, grooming, toileting, managing medication, and attending to daily needs.

The Board has remanded the Veteran's claim for additional evidentiary development, including obtaining an independent medical opinion and VA treatment records from multiple facilities.

The Veteran's claim for an effective date earlier than May 25, 2016, for the award of service connection for lumbar spine disability is denied. The Board finds no document of record received by VA earlier than the May 25, 2016, Intent to File, wherein the Veteran requested reopening the previously denied claim for service connection for a lumbar spine disability.

The Veteran's lumbosacral strain is currently rated at 20 percent, but the Board finds that it does not warrant a higher rating as there is no evidence of additional functional loss or incapacitating episodes.

The Board denied increased ratings for the Veteran's right ankle, right knee, left shoulder, and low back disabilities, except for a 20 percent rating for the right knee with effusion into the joint effective September 26, 2020, and a 60 percent rating for post-prosthetic replacement of the right knee effective December 1, 2021.

The Veteran's claim for total disability based on individual unemployability (TDIU) prior to December 20, 2010 was denied as he did not meet the schedular requirements and his service-connected disabilities were insufficient to render him unable to secure or follow a substantially gainful occupation.

The Board granted an initial 20 percent rating for degenerative disc disease with degenerative joint disease and intervertebral disc syndrome of the thoracolumbar spine prior to May 3, 2023, but denied a higher rating from that date. The claim for an increased rating for left lower extremity radiculopathy was also denied.

The Board granted service connection for a back disability, neck disability, and cervical radiculopathy of the bilateral upper extremities. The claim for blood clots in legs and sleep disorder was denied.

The Veteran's claims for increased ratings are remanded due to the failure to obtain all relevant nonVA treatment records.,The Veteran's bladder problems may be related to his lumbar spine disability or a nonservice-connected condition, and further clarification is needed.

The Board has decided that the Veteran's low back strain is not service-connected, and has ordered a remand to obtain an adequate etiological opinion.

The Board has remanded the claim of service connection for low back condition to include degenerative arthritis, lumbar spine strain, and muscle spasm due to a lack of an adequate examination and opinion regarding the etiology of the Veteran's low back condition.

The appeal for increased ratings in excess of 20 percent, 10 percent, and 10 percent for back disability and bilateral lower extremity radiculopathy has been dismissed due to the October 2022 rating decision not being a final, appealable decision.

The Veteran's claim for a TDIU was denied because the evidence did not show that his PTSD and back disorder worsened to a factually ascertainable date during the one-year period before September 28, 2021.

The Board has decided to remand the Veteran's claims for lumbar spine disability and ED due to incomplete evidence in their respective cases.