Back / lumbar spine decisions — 2024

The Board has determined that the reduction of the disability rating for lumbosacral strain with degenerative arthritis from 20 percent to 10 percent, effective November 18, 2021, was improper and has restored the prior 20 percent disability rating. The Veteran's appeal also includes a remanded issue regarding entitlement to an increased disability rating for GAD.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding his claims of service connection for an acquired psychiatric disorder and tension headaches. The initial rating claim for lumbosacral strain remains denied.

The Board has determined that the Veteran's claims for service connection for bilateral hearing loss, low back disability, tension headaches, and erectile dysfunction must be remanded due to a duty-to-assist error. The increased rating claim for PTSD is dismissed as the Veteran withdrew his appeal.

The Board has granted service connection for left lower extremity muscle condition with muscle atrophy as secondary to the left knee strain. However, the claim for lumbosacral strain remains pending and requires further examination.

The Board has determined that there was a duty to assist error prior to the June 2022 decision on appeal and has ordered remand for scheduling a VA examination and obtaining a nexus opinion in relation to the Veteran's lower back service connection claim.

The Board has determined that the Veteran's claim for VR&E services, including independent living assistance, was not properly considered due to a pre-decisional duty to assist error. The case is being remanded to provide the necessary assessments and determine eligibility for such services.

The Veteran's right thigh disabilities are granted as secondary to service-connected right hip strain. The left thigh, shin splints of the left leg, and right ankle disabilities are remanded for further examination.

The Board has granted service connection for a lower back condition and major depressive disorder (MDD) with panic disorder as secondary to the Veteran's lower back condition.

The Veteran's claims for service connection are being remanded due to incomplete STRs and the need for additional examinations. The issues of gout, bilateral knee disorder, bilateral ankle disorder, OSA, multiple painful joints, upper and lower back disorders, and bilateral hearing loss are all being addressed.

The Board has decided that the Veteran's disability rating for lumbosacral strain should be remanded due to inadequate examination and failure to consider lay statements of record.

The Board denied the Veteran's claims for service connection for an acquired psychiatric condition, insomnia, and a mid/lower back condition. The evidence did not show that these conditions were related to his active-duty service.,There was no mention of anxiety or insomnia in the Veteran's service treatment records (STR). His separation physical showed no change in health since entering service and no back condition was noted.

The Veteran's appeal for an effective date prior to April 1, 2020, for the award of a 20 percent rating for chronic lumbar strain is dismissed. The appeal for an effective date prior to April 1, 2020, for the separate rating for LLE radiculopathy is denied.

The Veteran's claims for service connection for neck disability, right and left upper extremity radiculopathy, and a post operative neck scar are granted with effective dates of March 14, 2013.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's low back disability and a duty to assist error.

The Board has remanded the Veteran's claims for obstructive sleep apnea, lumbar-spine degenerative disc disease and history of lumbar fusion, right-lower-extremity neuropathy, left-lower-extremity neuropathy, right-knee meniscal tear (claimed as bilateral knee condition), left-knee meniscal tear and degenerative arthritis, and bilateral foot pain with gait abnormality for further examination to determine if these conditions are secondary to his service-connected skin pathology of bilateral feet.

The Veteran's right lower extremity radiculopathy, sciatic nerve was granted a disability rating of 20 percent effective October 22, 2019.,The Veteran's lumbar spinal stenosis with degenerative disc disease and intervertebral disc syndrome was granted an initial disability rating of 20 percent effective September 7, 2017.

The Veteran's claim for service connection of a heart condition and TDIU was denied. The Board found that the evidence did not support a finding that his current heart conditions were related to his active-duty service or any other service-connected disability.

The Board has dismissed the appeal for all issues related to service connection, as the Veteran did not timely file a Notice of Disagreement (NOD) or use the proper form for her claims.

The Board has remanded the Veteran's claims for a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) under 38 U.S.C. 1114(s). The TDIU claim is being referred to the Director of Compensation Service for consideration, while the SMC claim will be deferred until the TDIU claim is adjudicated.

The Veteran's claims for earlier effective dates of service connection for thoracolumbar strain, degenerative arthritis of the right knee, and right knee scars have been denied.,There is no evidence in the record that supports an earlier effective date for any of these conditions.