Back / lumbar spine decisions — 2024

The Board has remanded the claims for service connection due to insufficient medical opinions and missing records. The Veteran's conditions are related to his active duty, but additional evidence is needed.

The Board denied the Veteran's claims for effective dates earlier than July 20, 2022, for service connection of right hip osteoarthritis with limitation of flexion and left lower extremity lumbar radiculopathy (sciatic nerve) due to lack of evidence showing entitlement prior to that date.

The Board has decided to remand the Veteran's claims of service connection for bilateral pes planus, plantar fasciitis, lumbosacral strain, left knee strain, and right knee strain due to insufficient rationale in the VA examiners' opinions.

The Board dismissed the appeals for increased disability ratings for lumbosacral strain with intervertebral disc syndrome, left and right lower extremity peripheral neuropathy.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation, as he has completed at least four years of college and worked as a college professor for over 30 years. The Board finds that the combined effect of his service-connected conditions does not preclude him from participating in a substantially gainful occupation.

The Board denied the Veteran's claims for effective dates prior to October 20, 2021, for service connection of intervertebral disc syndrome (IVDS) with sacroiliac injury, lumbosacral strain, and degenerative disc disease (DDD), left lower extremity radiculopathy secondary to IVDS, right lower extremity radiculopathy secondary to IVDS, and a linear low back scar microdiscectomy as secondary to IVDS.

The Board dismissed the claims of service connection for various conditions due to a lack of an initial substitution eligibility determination by the AOJ.

The Board has granted service connection for a lumbar spine disability and bilateral lower extremity radiculopathy, finding that the Veteran's conditions are related to his military service.

The Veteran's claim for an increased rating for his lumbar spine disability was denied. However, the Board granted a TDIU effective from November 6, 2019, based on his service-connected disabilities.

The Board has determined that the Veteran's lumbar spine and bilateral knee disabilities were not incurred or aggravated during active service. The evidence does not establish an in-service injury, disease, or event for these conditions.

The Board has denied service connection for a back condition, head injury (including concussions), neck condition, and fibromyalgia on the basis that there is no current disability related to these conditions.

An effective date of May 22, 2019, but no earlier, is granted for the award of service connection for fibromyalgia.,The Veteran's claim for an increased rating for his fibromyalgia is denied as the highest schedular rating available (40%) has been assigned and there is no basis for extraschedular consideration.,The Veteran's claim for an increased rating for his lower back condition is denied. The current 20% rating is the highest schedular rating available based on forward flexion of the thoracolumbar spine being greater than 30 degrees but not greater than 60 degrees.

The Veteran's claim for an initial compensable rating for lumbosacral spine degenerative disc disease is being remanded due to a lack of adequate examination at the time of service connection.

The Veteran's nerve condition, pes planus, metatarsalgia, hallux valgus, and arthritis of the bilateral feet are granted. The back condition and valvular heart disease secondary to service-connected hypertension are remanded for further review.

The Veteran's acquired psychiatric disorder, diagnosed as major depression and anxiety disorder, was found to be causally linked to his service-connected traumatic brain injury. His tinnitus was also granted based on credible reports of in-service noise exposure.

The Veteran's claim for PTSD is denied as there is no current diagnosis of a psychiatric disorder.,The Veteran's claims for back and left knee conditions are remanded due to inadequate opinions in the March 2022 VA examination.

The Veteran's claim for an initial rating in excess of 10 percent for chronic lumbar strain is remanded due to pre-decisional duty to assist errors and the need for a new VA examination.

The Board has remanded the case due to deficiencies in the VA examination and lack of private medical records. The Veteran's lower back disability is being reviewed again with new evidence considered.

The Board has remanded the Veteran's claims of service connection for low back disability, acquired psychiatric disability (unspecified depressive disorder and insomnia), and sleep apnea due to pre-decisional duty-to-assist errors. The issues will be reconsidered with additional medical opinions.

The Veteran's service-connected conditions have rendered him in need of regular aid and attendance, leading to the grant of SMC based on this need.