Back / lumbar spine decisions — 2024

The Board has granted the Veteran's claim for service connection for a lower back condition, finding that the evidence is at least in equipoise as to whether the disability began during active service.

The Veteran's claims for increased ratings for thoracolumbar strain with degenerative arthritis and degenerative disc disease, as well as lumbar radiculopathy, left lower extremity, are being remanded due to a duty to assist error. The Board requests that the Veteran provide information about any private treatment providers he has used.

The Board has denied the claim for service connection for low back disability, finding that there is not sufficient evidence to establish a link between the current condition and active military service.

The Veteran's claim for service connection for lumbosacral strain with degenerative arthritis, left lower leg radiculopathy (sciatic nerve), and right lower leg radiculopathy (sciatic nerve) was granted effective May 7, 2021.

The Board has granted service connection for a spine disability and lower extremity radiculopathy as secondary to the Veteran's service-connected knee disabilities. The Veteran was also granted an increased rating of 30 percent for his scars.

The Board denied the Veteran's claims for service connection for various conditions, finding that new and relevant evidence did not support readjudication of these claims. The TDIU claim was also denied as the Veteran's single service-connected condition (hiatal hernia) did not render him unemployable.

The Veteran's claim for an initial rating in excess of 10 percent for his lumbar spine disability is being remanded due to the need for a Correia compliant VA examination.

The Board has decided to remand the claims for lumbosacral and upper thoracic strain with degenerative disc disease and lower cervical strain due to lack of consideration of certain evidence, and requests further development including medical opinions.

The appeal pertaining to the reduction of the Veteran's disability rating from 40% to 20% for his service-connected lumbar strain with IVDS is dismissed. The restoration of the 40% rating for service-connected lumbar strain with IVDS, effective June 1, 2023, is granted.

The Board has granted the Veteran's claims for service connection for degenerative disc disease (claimed as neck pain) and folliculitis of the posterior scalp with associated occipital lymphadenopathy, effective January 26, 2021.

The Board has decided to remand the issue of service connection for a back disability, as it involves relevant medical records that have not been obtained. The Veteran is asked to provide information about his treatment and authorize release of any necessary records.

The Board denied the Veteran's claim for service connection for a back disability, finding that there is no evidence of an in-service injury or abnormality and that his current condition is not related to his military service.

The Veteran's claims for increased ratings were denied as the evidence did not support a higher disability rating for his bilateral upper extremity radiculopathy, right lower sciatic nerve (sciatica), and cervical spine torticollis with degenerative disc disease and arthritis.

The Veteran's appeal has been dismissed as he requested withdrawal of the appeal.

The Board denied the Veteran's claim for service connection for lumbosacral strain, finding that there is no medical nexus between his current diagnosis and his service. The evidence showed that the Veteran had a mid-thoracic spine injury in service but did not have any chronic back pain or lumbosacral strain symptoms until after service.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is caused by his service-connected conditions, including panic disorder in remission and chronic pain disorders. Therefore, secondary service connection for OSA is granted.

The Veteran's left knee condition, right knee condition, and back condition are granted as secondary to his service-connected pes planus.

The Veteran's claims for increased ratings and service connection are remanded due to errors in the duty to assist, including failure to provide proper notice of VA examinations.

The Board denied service connection for hypertension and low back disorder as there is no current diagnosis of these conditions.

The Veteran's claims for service connection are remanded due to the need for additional medical opinions regarding his heart and spine disabilities, as well as their relationship to service. The AOJ will provide a VA examination to address these issues.