Back / lumbar spine decisions — 2024

The Veteran's headaches and PTSD were rated at 50% and 70%, respectively, effective August 19, 2019. The Veteran is seeking earlier effective dates for these ratings.,The Veteran was granted service connection for sciatica in the right lower extremity effective August 19, 2019.

The Board has determined that the reduction of the disability rating for a right hip disability under DC 5003-5253 was improper due to inadequate VA examinations and lack of improvement in function. The prior 20% disability rating is restored.

The Veteran's appeal regarding attorney fees for past-due benefits awarded in a May 2021 rating decision is dismissed as E.A.G.D. waived her rights to the fees.

The Board has denied the Veteran's claim for an earlier effective date for tinnitus and has remanded the issue of service connection for low back pain.

The Board has determined that there are errors in the decision-making process and requires additional evidence to be obtained before the claims can be properly evaluated. The Veteran's service connection claims for various disabilities, including migraine headaches, right shoulder disability, left shoulder disability, back disability, left knee disability, right knee disability, bilateral plantar fasciitis with metatarsalgia, and GERD are being remanded.

The Veteran's claims for lumbosacral strain with degenerative arthritis, left ear hearing loss, sinusitis, and allergic rhinitis have been granted. The claim for right ear hearing loss is remanded.

The Board has granted service connection for tinnitus and has remanded the claims for lumbar spine, right ankle, and left ankle disabilities.

The Board has remanded the Veteran's claim for special monthly compensation based on aid and attendance due to service-connected disabilities. The AOJ is instructed to consider whether the Veteran requires the aid and attendance of another person solely due to effects of service-connected disabilities, including differentiating symptoms of peripheral neuropathy from non-service-connected back pain.

The Board has granted service connection for a low back disability, diagnosed as spinal stenosis, degenerative arthritis, degenerative disc disease, intervertebral disc syndrome (IVDS), spinal fusion, and spondylolisthesis. The decision finds that the Veteran's current low back disability is causally related to his active military service.

The Veteran's bilateral tinnitus was granted service connection. The claim for lumbar condition is remanded due to a duty-to-assist error.

The Board has granted service connection for degenerative disc disease other than IVDS, left lower extremity femoral nerve radiculopathy, and right lower extremity femoral nerve radiculopathy with effective dates of June 24, 2019.,However, the Veteran's claims for earlier effective dates for the grant of service connection for these conditions are denied.

The Board has determined that there was a duty to assist error and remanded the case for an addendum medical opinion regarding whether the Veteran's back disability is caused or aggravated by his service-connected bilateral feet disability.

The Board grants the Veteran's claims of entitlement to service connection for his lumbar spine, left knee, and obstructive sleep apnea disabilities as secondary to his service-connected right knee disability.

The Board has found new and relevant evidence to warrant readjudication of the claims for service connection for a right hip disability and degenerative disc disease of lumbar spine, which were previously denied. The case is being remanded for further development.

The Board denied the veteran's claims for earlier effective dates for service connection and initial ratings for various disabilities, as well as DEA benefits.

The Veteran's ratings for lumbosacral strain and right lower extremity radiculopathy are restored to 20 percent. The claims of service connection for left hip disability, right hip disability, and urinary incontinence are remanded.

The Board has dismissed the appeals for service connection of collapse of foot arches and degenerative disc disease (neck injury, needed surgery) due to improper docketing under the AMA system.

The Board denied earlier effective dates for the grants of service connection for degenerative disc disease of the lumbar spine, left hip osteoarthritis, right hip osteoarthritis, left ankle injury residuals, and left ankle scar, as the appropriate effective date is November 7, 2016.

The Veteran's claims for increased ratings and TDIU are being remanded due to procedural errors in the decision-making process. The issues include a lumbar spine disorder and unspecified anxiety disorder, both of which require further examination and consideration.

The Board denied service connection for lumbosacral strain and pes planus, finding that new and relevant evidence had not been submitted to warrant readjudication of the claim for lumbosacral strain and that there was no evidence supporting a direct or secondary connection between the Veteran's disabilities and his military service.