Back / lumbar spine decisions — 2024

The Board remands the case for further development as there has not been substantial compliance with its prior directives.

The Board has remanded the Veteran's claims for service connection for a back disability and a neck disability due to incomplete service treatment records. The Veteran is asked to provide or identify any missing records, and VA will attempt to obtain them.

The Board granted a 30 percent rating for the left shoulder disability and separate 10 percent ratings for left and right lower extremity radiculopathy prior to May 2, 2024. The claims for increased ratings for the ankle and lumbar strain were denied.

The Board remands the claim for a disability rating in excess of 40 percent for degenerative disc disease of the lumbar spine to obtain an additional medical opinion on whether the Veteran's service-connected disabilities aggravated urinary incontinence and male erectile disorder.

The Board granted service connection for several disabilities, including degenerative arthritis of the right and left foot, cervical strain, degenerative disc disease and degenerative arthritis of the lumbar spine, left shoulder strain, left elbow strain, peripheral neuropathy of both upper and lower extremities. However, it denied service connection for a respiratory disability, an eye disability, and a gynecological disability.

The Board has remanded the Veteran's claims for a higher rating and TDIU due to his service-connected back disability. The issues are being remanded because of the need for a retrospective medical opinion regarding the severity of the Veteran's back disability from April 22, 2018, to October 26, 2021.

The Board has denied the Veteran's claims for service connection of his right thumb nerve damage, bilateral shoulder condition (rotator cuff), and low back injury - bruised tailbone as there is no persuasive evidence showing these conditions began in service or are causally related to any in-service events.

The Veteran's SMC rating was reduced from the aid and attendance rate to the housebound rate, but this reduction is now reversed as it did not meet the criteria for a reduction.

The Board has reopened the claims for service connection for various disabilities, but has remanded them for further development and examination to determine their etiology.

The Board has granted service connection for the Veteran's low back disability, but denied his claims for left knee arthritis, right knee arthritis, and hypertension.

The Veteran's spinal stenosis, post laminectomy syndrome, spinal cord stimulator, and lumbar spine condition is determined to be the result of service. Service connection for these conditions has been granted.

The Veteran's claims for increased ratings and service connection were denied, with the exception of a grant of service connection for unspecified depressive disorder (claimed as anxiety and depression).,The reduction in rating from 20% to 10% for lumbar strain with IVDS was found to be improper.

The Veteran's claim for a higher rating for lumbar spine strain with degenerative disc disease and IVDS is granted, with a disability rating of 40 percent effective from December 5, 2017. The appeal for an earlier effective date for service connection for right lower extremity radiculopathy, sciatic nerve, is denied.

The Board has determined that the Veteran's lumbosacral strain is at least as likely as not incurred in or caused by his service, and thus grants service connection for this condition.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine disabilities, as well as sleep apnea due to inadequate VA examinations. The Veteran must be provided with VA examinations to determine if his current disabilities are related to his military service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current lumbar spine disabilities had onset in service or are otherwise related to service. The AOJ is instructed to obtain an addendum opinion from a medical examiner that addresses these issues.

The Board has remanded the Veteran's claims of service connection for a right knee disability and a lumbar spine disability due to insufficient evidence in the record. The Veteran is seeking service connection for these conditions, which he asserts are related to his active duty service.

The Veteran's claim for an increased rating for his lumbar spine disability is dismissed as the Veteran withdrew his appeal.

The Board has decided to remand the case due to a duty to assist error and requires a new medical opinion regarding the etiology of any diagnosed back disorder.

The Veteran's claim for an earlier effective date for service connection of compression deformity of the cervical spine with degenerative disc disease and spinal stenosis is denied. The Board found that the earliest effective date possible was October 29, 2021.