Back / lumbar spine decisions — 2024

The Veteran's claim for a higher disability rating for his lumbar spine disability is being remanded due to the need for clarification of conflicting medical evidence regarding radiculopathy.

The appeal concerning the service connection for various conditions is dismissed due to the Veteran's death.

The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's claimed disabilities. The Veteran is not entitled to service connection for sciatica of the left lower extremity as there is no current diagnosis. Service connection for a low back disability and sciatica of the right lower extremity are also remanded.

The Veteran's depression is related to service and granted.,The Veteran's lumbar spine disability, diagnosed as lumbosacral strain, is related to service and granted.

The Board has remanded the claims for service connection due to a pre-decisional duty to assist error. The Veteran's back disability is being examined again, and if granted, further examinations will be needed to determine secondary service connection for right shoulder strain and right leg condition.

The Veteran's thoracolumbar strain and cervical strain with IVDS are remanded for additional examinations to address functional loss during flare-ups and repeated use.,The Veteran's radiculopathy of the right upper extremity (minor), femoral, and sciatic nerves is also remanded for appropriate peripheral nerve examinations.

The Board has denied service connection for a sinus disability, left shoulder strain, obstructive sleep apnea, and back disability. The Veteran's claims are based on direct service connection.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there is no evidence to support a relationship between his current condition and his active duty service.

The Board has granted earlier effective dates of February 3, 2017 for the award of service connection and a 20 percent rating for intervertebral disc syndrome (IVDS) of the lumbar spine with spondylosis and L5-S1 disc bulge. The effective dates for the related bilateral lower extremity radiculopathies are also granted.

The Veteran's appeal for a rating in excess of 10 percent prior to May 8, 2023 and in excess of 20 percent thereafter for lumbosacral strain has been dismissed due to the Veteran's withdrawal of the appeal.

The Veteran's claim for a higher rating for his service-connected back condition is being remanded due to the inadequacy of the April 2013 VA examination and the Veteran's failure to appear for a May 2022 VA examination. The Board will schedule another VA examination to assess the severity of the Veteran's back condition.

The Board has granted service connection for a lumbar spine disability, finding that the Veteran's lay statements and medical opinions support his claim of in-service onset and continuity of symptoms since service separation.

The Board denied the claims for service connection for low back and bilateral shoulder disabilities, finding that there was no credible evidence linking these conditions to active duty service.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of anatomical loss or use of extremities, and his conditions are not related to exposure to burn pits, Agent Orange, Camp Lejeune, radiation, Gulf War Syndrome, or other presumptive conditions.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, anxiety disorder, low back condition, and headache condition due to a lack of evidence meeting VA criteria. The claims are being remanded for further development.

The Veteran's appeal for an earlier effective date for the grant of a TDIU and basic eligibility to Dependents' Educational Assistance (DEA) is denied. The Board found that it was not factually ascertainable that the Veteran was unable to secure or follow a substantially gainful occupation as a result of her service-connected disabilities within one year prior to the October 2, 2018, claim on appeal.

The rating reduction for the Veteran's low back disability from 10 percent to noncompensable was improper, and the 10 percent rating is restored. Service connection for bilateral hearing loss and tinnitus were denied, while service connection for tinnitus was granted.

The Veteran's lumbar spine disability is now rated at 20 percent from February 7, 2022. Prior to this date, the disability was rated at 10 percent.

The Board has determined that the Veteran's current thoracolumbar spine disability, including lumbar strain and degeneration of discs, was incurred during his period of active service. Therefore, service connection for this condition is granted.

The Veteran's right radiculopathy is granted as secondary to his service-connected lumbosacral strain. The initial PTSD rating remains denied, and the cases for lumbosacral strain, GERD, type II diabetes mellitus, and thyroid disability are remanded.