Back / lumbar spine decisions — 2024

The appeal for service connection of migraine headaches is dismissed. The case for degenerative arthritis of the thoracolumbar spine, including IVDS with scoliosis, is remanded.

The Board has found that service connection for a low back condition would not be reopened due to lack of new and material evidence. The Court set aside the September 2021 decision because VA did not obtain all relevant treatment records before making its determination. The Board is now remanding the case to correct the error in listing the condition as cervical spine, request authorization for private medical records related to a low back condition, and address the issue of service connection.

The Veteran's claim for an increased rating for degenerative arthritis of the lumbar spine is no longer on appeal due to service connection being awarded. The case is now remanded for further development and readjudication.

The Board has granted a TDIU from October 7, 2005 to October 2, 2007. The effective date is based on the Veteran's service-connected back disability and her inability to secure or follow substantially gainful employment due to this condition.

The Board has determined that the Veteran's claims for service connection have been improperly adjudicated due to a failure to obtain all relevant medical records and Social Security disability records. The case is being remanded to correct this error.

The Veteran requested an earlier effective date for TDIU based on her service-connected conditions, but the AOJ denied this request. The Board is remanding the case to allow VA's Director of Compensation Service to consider whether extraschedular TDIU should be granted.

The Board has granted the Veteran's claim for service connection for lumbosacral strain, finding that his current condition is related to military service.

The Veteran's PTSD claim was dismissed as the April 2020 rating decision did not constitute a final appealable decision.,Service connection for other specified trauma and stressor related disorder with recurrent, moderate MDD (previously insomnia disorder) was granted with an effective date of March 28, 2024.

The Veteran's lumbar spine disability is rated at 40 percent, but the Board finds no evidence of ankylosis or other disabling conditions warranting a higher rating.,Both lower extremity radiculopathy disabilities are currently rated at 20 percent. The Board does not find any additional impairment that would justify a higher rating.

The Veteran's service-connected PTSD and thoracolumbar strain have rendered her unable to secure or follow substantially gainful employment since 2017, meeting the criteria for a TDIU.

The Board has decided to remand the claims for service connection for back and left knee disabilities due to inadequate examination reports. A new examination is required to determine if these conditions are related to service.

The Board has granted service connection for lumbosacral strain and arthritis, finding that these conditions were present in service and have continued since then.

The Board has granted service connection for thoracolumbar spine degenerative joint disease, including as secondary to right knee degenerative joint disease. The Veteran's service-connected right knee degenerative joint disease is considered a 'but-for' cause of his thoracolumbar spine condition.

The Veteran's thoracolumbar spine disability is rated at 20 percent, but no higher. The Board has remanded the issues of service connection for left and right lower extremity femoral nerve radiculopathy, bowel incontinence, and bladder incontinence due to duty-to-assist errors.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's claims for service connection for a lumbar spine disorder and a kidney disorder. The claims are being remanded for further examination.

The Board has decided to remand the Veteran's claims for service connection for back, bilateral foot, left knee, and right knee disabilities due to a lack of VA examinations.

The Veteran is granted a 20 percent rating for sciatic nerve radiculopathy of the right lower extremity.,The Veteran is granted a 20 percent rating for sciatic nerve radiculopathy of the left lower extremity.,The Veteran's lumbar spine disability remains at a 20 percent rating.

The Veteran's initial rating for a lumbar spine disability is denied, but he receives an initial rating of 20 percent for right lower extremity sciatic radiculopathy.

The Veteran's degenerative arthritis of the lumbar spine with spinal stenosis and IVDS is currently rated at 20 percent, but the Board found that it does not meet the criteria for a higher rating.

The Board has remanded the claims for service connection due to uncertainty about whether the Veteran was on Active Duty Training (ACDUTRA) or Inactive Duty Training (IDT) during the period when he reported back pain issues. The AOJ is instructed to verify this information and determine if it affects the service connection decisions.