Back / lumbar spine decisions — 2024

The Board denied the Veteran's requests for earlier effective dates for service connection of lumbosacral disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The effective date was set at October 27, 2021.

The Veteran's bilateral pes planus has been granted service connection. The initial rating for lumbosacral strain with thoracic scoliosis is granted, but the case is remanded due to inadequate VA examination records. Service connection for rhinitis and sinusitis is also remanded.

The Veteran's claims for service connection are remanded due to a duty-to-assist error in obtaining his complete service personnel records, including any line-of-duty determinations related to his in-service fall from a bridge.

The Board denied service connection for a chronic back condition, headaches, and alcohol use disorder. The Veteran did not provide sufficient evidence to establish current diagnoses of these conditions.

The Veteran's claims for PTSD and a psychiatric disability other than PTSD are being readjudicated due to new evidence. The claim for Degenerative Disc Disease Cervical Neck Condition is being remanded for further development.

The Board found clear and unmistakable error in the October 2019 SOC that denied service connection for a lumbar spine disability. The correct facts were not before the adjudicator, as the September 4, 2019, VA examiner had reviewed the claims file but this was not acknowledged. As a result, the appeal is granted to reflect a grant of service connection for a lumbar spine disability.

The Board has remanded the Veteran's claims for asthma and degenerative arthritis of the thoracolumbar spine due to a lack of evidence regarding service connection, including potential exposure to toxic agents. The VA will attempt to verify Southwest Asia service and obtain an Individual Longitudinal Exposure Record (ILER).

The Board has granted service connection for cervical spine DDD, C3 to C7 and lumbar spine degenerative arthritis and DDD. The Veteran's current hearing loss is rated as noncompensable.

The Veteran withdrew their appeal for service connection of scoliosis/lumbar strain, and the Board dismissed the appeal as a result.

The Veteran's request for an extension of the period for filing a VA Form 10182 as to the March 2021 decision on service connection issues is dismissed because the appeal has already been pending and docketed at the Board.

The Veteran's TDIU and Dependents' Educational Assistance (DEA) based on permanent and total disability status are granted effective November 19, 2015.,The Veteran's increased rating for his degenerative joint disease with low back strain is denied.

The Veteran's appeal is dismissed because the April 2022 rating decision was not a valid decision and did not provide notice of its contents to the Veteran. The August 1997 rating decision remains the most recent prior decision on these issues.

The Board dismissed the Veteran's claims for service connection due to a failure to file a timely Notice of Disagreement within one year of the April 2018 rating decision.

The Board has determined that the Veteran's low back disorder is related to his military service and grants entitlement to service connection.

The Veteran's back disability is rated at 10 percent, left knee strain (claimed as right knee pain) is remanded for further review, and tinnitus is rated at 10 percent. The service connection for left ear hearing loss has been denied.

The Veteran's PTSD and lumbar spine disability were granted initial ratings of 70 percent and 40 percent, respectively, effective from May 10, 2019, and March 8, 2019. The decision also noted that the Veteran had previously requested a higher level review on September 1, 2021.

The Board has decided to remand the case for further examination and consideration of the Veteran's lumbar spine disability, specifically addressing the impact of flare-ups and repetitive use on his range of motion.

The Veteran's lumbar strain is currently rated at 20 percent, but the Board found that his forward flexion was limited to 50 degrees during flare-ups, which does not meet the criteria for a higher rating. The Board denied an increased rating.

The Veteran's claims for annual VA clothing allowances due to the use of back, right knee, left wrist, and shoulder braces have been granted. These allowances are subject to the laws and regulations governing monetary payments.

The appeal for service connection for tinnitus is dismissed.,Service connection for a back condition, sciatic nerve radiculopathy in the right lower extremity, and sciatic nerve condition in the left lower extremity are denied.,Service connection for a neck condition, left shoulder condition, and left elbow condition are denied.