Back / lumbar spine decisions — 2024

The Board denied service connection for bilateral upper extremity radiculopathy as secondary to the thoracolumbar spine disability and denied a rating in excess of 40 percent for the thoracolumbar spine disability.

The Veteran's service-connected disabilities have rendered her unable to secure or follow substantially gainful employment, and she meets the requirements for special monthly compensation at the housebound rate. The TDIU is granted based on the combined 100 percent rating of all service-connected conditions.

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to his service-connected lumbar and cervical spine disabilities, thus granting service connection for this condition.

The Board denied the Veteran's claim for special monthly compensation based on the need for aid and attendance of another person, finding that his service-connected disabilities do not render him in need of such assistance.

The appeal was dismissed due to the Veteran's death during the pendency of the appeal.

The Board has granted service connection for lumbosacral strain with muscular pain as secondary to the Veteran's service-connected left knee disability.,The Board has also granted service connection for right hip strain as secondary to the Veteran's service-connected left knee disability.

The Veteran's claims for increased ratings on his service-connected lumbar spine degenerative arthritis with IVDS, ulcerative colitis, hiatal hernia, and surgical scars are being remanded due to the need for additional medical examinations.

The Board has granted service connection for lumbosacral strain, cervical strain, and tinnitus. The diagnoses are based on the Veteran's in-service injuries and post-service medical records.

The Veteran's appeals for reductions in disability ratings and increased evaluations have been dismissed due to the Veteran withdrawing their appeals prior to a decision being made.

The Veteran's claim for service connection for a back disability is being remanded due to the submission of new evidence. The issue will be readjudicated, and a VA examination will be required.

The Board has remanded the Veteran's claims for lumbosacral strain and torn ACL-left knee due to errors in verifying her periods of active duty training (ADT) and inactive duty training (IDT). The Veteran is asked to clarify whether she contends her back condition had onset during service or a period of ADT or IDT. A medical opinion will be obtained to determine the nature and likely cause of any back disability, including considering all relevant service treatment records.

The Veteran's service-connected disabilities (PTSD, low back disability, and OSA) prevent him from securing or following a substantially gainful occupation. The Board has granted the TDIU claim.

The Veteran's service connection claims for headaches and hemorrhoids have been granted. The Board found that the Veteran has continuously suffered from these conditions since his military service.,For the knee conditions, the Board denied service connection as there was no evidence of an in-service injury or disease leading to current disabilities.

The Board has granted service connection for right thumb arthritis and denied a rating in excess of 10 percent for lumbosacral strain.

The Veteran's lumbosacral strain with degenerative disc disease and spinal stenosis is currently rated at 10 percent, which is the maximum rating available under VA regulations. The Veteran's right lower extremity radiculopathy is also rated at 10 percent.,Service connection for plantar fasciitis of the left foot as secondary to lumbosacral strain with degenerative disc disease and spinal stenosis is remanded.

The Veteran's claim of service connection for a lower back condition was not addressed in the April 2022 rating decision and has not been addressed by the AOJ since the November 2016 rating decision. The appeal is dismissed.

The Board has granted the Veteran's claim for service connection for lumbosacral strain as secondary to his service-connected left foot disability, finding that the current condition is caused and/or aggravated by this service-connected condition.

The Board has denied an evaluation in excess of 10 percent for a painful scar of the lower lumbar spine, as there is only one such scar and it does not meet the criteria for a higher rating.

The Veteran's appeal regarding attorney fees for past-due benefits awarded in a May 2021 rating decision is dismissed as moot due to the Veteran and his former attorney, E.A.G.D., agreeing that she should not be entitled to any fees.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the relationship between his disabilities and active service. The Veteran is required to undergo VA examinations to determine if any of his claimed conditions are related to his military service.