Back / lumbar spine decisions — 2024

The Board has determined that the VA examinations conducted in August 2018 and July 2020 were inadequate for assessing the severity of the Veteran's lumbar spine disability. As a result, the claim is being remanded to obtain a retrospective medical opinion regarding the Veteran's range of motion.

The Board has decided to remand the case due to insufficient examination and opinion regarding whether the Veteran's service-connected right knee, foot, or ankle disabilities have aggravated her claimed back disability.

The Board remands the claims for a new VA examination and to provide the Veteran's representative with the curriculum vitae of the June 2015 examiner.

The Board has denied the Veteran's claims for service connection for high cholesterol, back disability, pulmonary granulomas, sleep apnea, COPD, Crohn's disease, headaches, heart disability, seizure disorder, myoclonic jerk disorder, and rhinitis due to a lack of evidence linking these conditions to his active service.

The Board denied a rating in excess of 10 percent for the Veteran's right knee disability and remanded the low back disability claim for further development.

The Board has remanded the claims for further development due to errors in duty to assist and potential exposure to hazardous materials at Fort McClellan. The Veteran's service records are being verified, and VA examinations will be scheduled for his claimed conditions.

The Veteran's service connection claims for various conditions are being remanded due to errors in the duty to assist and regulatory requirements. The Board finds that additional development is needed, particularly regarding medical opinions related to exposure to burn pits.

The Board denied service connection for a lower back condition, including degenerative arthritis, spinal stenosis, and lumbar strain, as the evidence did not support a finding that these conditions were incurred in or aggravated by active military service.

The Board denied the Veteran's claim for a disability rating in excess of 40 percent for his thoracolumbar spine disability, as the evidence did not support a higher rating.

The Board denied service connection for a lumbar spine disorder as the evidence did not support a finding that the condition was related to active service.

The appeal to reduce the rating for lumbosacral strain from 40 percent to 10 percent has been dismissed as the proposed reduction was not an adjudicative determination and the Veteran withdrew his appeal.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA treatment records, an adequate VA examination of his adjustment disorder, and a review of all relevant evidence.

The Veteran's disability ratings for Degenerative Disc Disease and Lumbar Radiculopathy (left and right) were restored to 20 percent effective December 1, 2022.

The Board granted service connection for a lower back condition, as secondary to the Veteran's right knee disability, and for nerve damage in both lower extremities, also as secondary to the lower back condition.

The Board has denied the Veteran's claims for service connection for lumbosacral strain and right ankle lateral collateral sprain, finding that the evidence does not support a causal relationship between these conditions and his in-service injuries.

The Veteran's right hip disability and back disability have been denied increased ratings. The case is being remanded for further evaluation of the back disability, including consideration of flare-ups.

The Veteran's claims for service connection for a left wrist disability, right hand disability, lumbar spine disability, and residual scar, lumbar spine surgery were dismissed as the Veteran did not timely file a Notice of Disagreement (NOD) or VA Form 10182 within one year from the date of notification letters.,The Veteran's claim for an increased rating for right hand disability was also dismissed because she failed to timely file a VA Form 10182 after the September 2019 decision. ,The Veteran's claims for service connection for left knee disability and right knee disability were dismissed as well, due to her failure to timely file a Notice of Disagreement (NOD) or VA Form 10182 within one year from the date of notification letters.,The Veteran's claim for service connection for asthma was granted in an April 2024 rating decision and is considered fully granted, thus the appeal is dismissed.

The Veteran's mild lumbar strain did not result in limitation of forward flexion to 60 degrees or worse, combined range of motion to 120 degrees or worse, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour. Therefore, the criteria for a higher rating were not met.

The Board has remanded the claim of service connection for back condition due to insufficient medical evidence to decide the Veteran's claim. The case is sent back for an addendum opinion from a VA examiner.

The Board has dismissed the appeals for service connection of various spinal and peripheral neuropathy conditions as the Veteran withdrew his appeal in September 2020.