Back / lumbar spine decisions — 2024

The Veteran's service connection claim for lumbosacral spine degenerative disc disease with scoliosis is remanded due to a duty to assist error and the need for an addendum medical opinion.

The Board denied increased ratings for the Veteran's back condition and left lower extremity radiculopathy in most instances but granted a 20% rating for left lower extremity radiculopathy from February 11, 2019, and a total disability rating based on individual unemployability (TDIU) from December 27, 2023.

The Board denied service connection for COPD, blood clots in legs, foot spurs, lumbosacral spine disorder, and acquired psychiatric disorder as the weight of evidence does not support a finding that these conditions are related to the Veteran's active service.

The Veteran is granted special monthly compensation based on a statutory housebound basis due to his service-connected psychiatric disability.

The Board has granted service connection for a lumbar spine disability and will now reconsider the claim of total disability due to individual unemployability (TDIU) for specific periods. The TDIU claims are being remanded.

The Board has decided to remand the claims for service connection for back and neck disorders due to a pre-decisional duty to assist error. The Veteran was not notified of his right to a pre-decisional hearing prior to the February 2022 rating decision, which requires correction.

The Board has determined that additional development is needed to address the Veteran's claim for service connection of a lumbar spine disability due to a pre-decisional duty-to-assist error. The case is being remanded for an examination and opinion.

The Veteran's lumbar spine disorder, with degenerative-spine disease and IVDS, is granted an initial disability evaluation of 40 percent prior to March 15, 2021.,Service connection for allergic rhinitis and chronic sinusitis are also granted.

The Board has remanded the case due to inadequate VA examinations and incomplete review of the claims file, as well as outstanding VA treatment records. The Veteran's thoracolumbar spine disorders need to be evaluated again by a VA examiner.

The Board has denied service connection for athletes' foot due to the lack of a current diagnosis during the appeal period.,The Board has remanded the claims for service connection for neck disability, lower back disability (secondary to left knee disability), and acquired psychiatric disorder (including PTSD and anxiety) as there are pre-decisional duty to assist errors requiring further development.

The Board has determined that there is pre-decisional error in the decision and requires VA examinations and an addendum opinion to address the Veteran's claims for service connection.

The Board has determined that the Veteran does not have a current disability for the claimed hip and knee disabilities, and thus service connection cannot be granted. The claims of entitlement to service connection for ED, left knee disability, low back disability, and right ankle disability are remanded due to inadequate medical opinions.

The Board has remanded the Veteran's claims for increased ratings due to procedural errors and a need for additional evidence, including a VA examination.

The Board dismissed the appeals for service connection of various disabilities due to improper procedural steps.

The Veteran's lumbar spine disability is rated at 40 percent, but no higher, prior to August 12, 2020. The Board has remanded the issue of a higher initial rating for further development.

The Board has determined that there is a duty to assist error in the prior rating decision and has remanded the case for further development.

The Board has remanded the case due to an inadequate July 2021 VA opinion regarding whether the Veteran's low back disorder is caused or aggravated by her service-connected left hip bursitis and fracture residuals.

The Veteran's claims for service connection for lumbar strain with degenerative disc disease, left and right lower extremity radiculopathy, and lumbar scarring are denied as the effective date is set at January 7, 2010.

The Veteran's claim for service connection for anxiety disorder was denied as there is no evidence of a current disability related to his active service.,Claims for increased evaluations were also denied, with the exception of one issue which was remanded.

The Veteran's claim for an effective date prior to November 17, 2021 for service connection of lumbosacral strain was denied as the earliest effective date available is the date VA received his Intent to File, November 17, 2021.