Back / lumbar spine decisions — 2024

The Veteran's claims for higher ratings on his service-connected disabilities have been denied. His lumbar spine disability is rated at 20 percent, right lower extremity radiculopathy (sciatic nerve) at 40 percent, and right lower extremity radiculopathy (femoral nerve) at 20 percent.

The Board has remanded the case due to insufficient evidence regarding the Veteran's back disability, including a lack of records from his service and an incomplete medical opinion. The Veteran is asked to provide additional treatment records and complete a VA Form 21-4142 for these records.

The Board has remanded the claims of entitlement to service connection for an acquired psychiatric disorder, a right hip disability, and a low back disability due to insufficient medical opinions and potential pre-decisional duty to assist errors.

The Board denied increased disability ratings for the service-connected back disability and radiculopathy of the right lower extremity from June 14, 2022.

The Board has remanded the Veteran's claims for cervical degenerative disc disease and lumbar intervertebral disc (lumbar strain) due to inadequate opinions regarding service connection, secondary aggravation by a service-connected right shoulder disability, and direct service connection.

The Board has decided that an increased rating in excess of 40 percent for the Veteran's back condition is denied. The TDIU and DEA claims are remanded due to procedural errors.

The Veteran's allergic rhinitis has been granted a 30% evaluation. The cervical and lumbar spine disorders, as well as the obstructive sleep apnea, are being remanded for further development. The compensable initial evaluation for folliculitis of the scalp, face, and neck is also being remanded. The SMC claim is part of the pending increased rating claims.

The Veteran's asthma and lumbar spine condition were evaluated, with the asthma receiving a non-compensable rating due to favorable pulmonary function test results. The lumbar spine issue was remanded for further examination.

The Veteran's claim for a higher disability rating for lumbosacral strain is remanded due to duty-to-assist errors, including the failure to obtain relevant private medical records and an inadequate VA examination.

The Veteran's service connection claims for PTSD with TBI and vertigo, headaches, lumbosacral strain, sciatica (both sides), shoulder rotator cuff tendonitis (both sides), tinnitus, and bilateral varicocele and hydrocele are granted effective April 26, 2022.

The Veteran seeks an earlier effective date for SMC based on housebound status and eligibility for Dependents' Educational Assistance (DEA) benefits. The Board has determined that the earliest possible effective dates are February 18, 2014 for SMC and February 19, 2014 for DEA.,The Veteran's service-connected disabilities include Ehlers-Danlos Syndrome, which was granted a permanent and total rating from February 18, 2014. This resulted in the assignment of earlier effective dates for both SMC and DEA benefits.

The Veteran's claims for low back pain, left lower extremity radiculopathy (sciatic nerve), and PTSD with mood disorder have been granted. The effective dates are set at July 13, 2020, for the low back pain claim, November 30, 2020, for PTSD, and October 7, 2021, for left lower extremity radiculopathy.

The Board has dismissed the claim for service connection of vertigo due to its full grant in a prior decision. Service connection is granted for low back disability, and the claims for left knee, left wrist, and left foot calcaneal spurs are remanded.

The Board has denied service connection for a back condition and diabetes mellitus. The claims of service connection for bilateral hearing loss and tinnitus are remanded due to inadequate VA examination.

The Veteran's lumbar strain with spondylosis and left lower extremity radiculopathy are currently rated at 20 percent, but the Board finds that these conditions do not warrant a higher rating based on current evidence of record.

The Veteran's sleep apnea, lumbar spine disability, and PTSD have been granted service connection on a direct basis.,Service connection for ED is remanded as secondary to PTSD. Service connection for headaches is also remanded as secondary to PTSD.

The Board has decided to remand the case due to pre-decisional duty to assist errors and insufficient evidence. The Veteran's back condition claim will be reconsidered with a new VA examination.

The Board has determined that the medical evidence does not sufficiently address whether the Veteran's congenital scoliosis is a disease or defect, and thus remands for further clarification.

The Board has denied the Veteran's claims of service connection for cervical and thoracolumbar spine disabilities. The claim of service connection for bilateral hearing loss is not readjudicated due to lack of new and relevant evidence since a February 2019 rating decision. The Board has remanded the claim of service connection for thoracolumbar spine disability, as VA did not consider whether preexisting lumbar spine issues were aggravated by service or if the current condition is related to service.

The Board has remanded the claims for service connection due to insufficient evidence and need for additional examinations.