Back / lumbar spine decisions — 2024

The Veteran's claims for service connection for degenerative disc disease other than IVDS, left lower extremity femoral nerve radiculopathy, and right lower extremity femoral nerve radiculopathy were granted effective June 24, 2019.,Effective June 23, 2020, the Veteran was assigned a 20% rating for his service-connected bilateral lower extremity sciatic nerve peripheral neuropathy with radiculopathy.

The appeal to reduce the disability rating for lumbosacral strain and levoconvex scoliosis was dismissed because the proposed reduction had not been implemented at the time of the Veteran's Notice of Disagreement.

The Veteran's right ear hearing loss and TBI have been granted service connection. Service connection for left ear hearing loss, headache disorder, lumbar spine disorder, cervical spine disorder, right shoulder disorder, left knee disorder, and right knee disorder has been denied.

The Board finds that the Veteran's claims for service connection related to arthritis of the upper and lower extremities, as well as cervical and thoracolumbar spine conditions are remanded due to a pre-decisional duty to assist error. The claims were denied because there was no verification of exposure to toxins at Fort McClellan.

The Veteran's claim for a compensable disability rating prior to January 3, 2020 for degenerative arthritis with IVDS and spinal stenosis was denied.,The Veteran's claim for a higher disability rating beginning on January 3, 2020 for degenerative arthritis with IVDS and spinal stenosis was also denied.

The Board has remanded the Veteran's claims for left ankle strain, left knee strain, and lumbosacral strain due to a duty to assist error that occurred prior to the February 2021 rating decision on appeal. The VA is required to obtain medical opinions as to whether these disabilities are related to service.

The Board has denied the Veteran's claim for service connection for bilateral foot claw toe condition due to a lack of evidence showing that the disability began during service and is related to an in-service injury or disease.,The Board has remanded the claims for left knee, lower back, neck, and right elbow conditions for further development.

The Board has remanded the issues of earlier effective date for left knee scars, rating higher than 20 percent for lumbar spine degenerative joint disease since March 26, 2012, and entitlement to a rating in excess of 20 percent for left lower extremity radiculopathy.

The Board finds that service connection is warranted for a right lung granuloma, as the evidence is at least in relative equipoise that it had its onset during active duty.

The Veteran's claims for service connection have been remanded due to the submission of new and relevant evidence. The VA will now readjudicate these claims based on the additional evidence provided.

The Board has granted service connection for lumbosacral strain as secondary to the Veteran's service-connected left knee strain.

The Board has decided to remand the claim for a VA examination and additional evidence collection, as there were duty-to-assist errors in the prior decision.

The Board has granted service connection for lumbar spinal stenosis and moderate lateral recess stenosis secondary to advanced facet disease and multilevel disk herniation, as well as right and left lower extremity radiculopathy associated with these conditions. The Veteran's current disabilities are found to be related to her active service.

The Board has denied the Veteran's claim for service connection for urinary symptoms (claimed as prostatitis) due to a lack of evidence showing a current disability related to his military service. The low back disability claim is remanded.

The Board has granted service connection for cervical spine stenosis with degenerative arthritis and intervertebral disc syndrome (IVDS) and spondylolisthesis, finding that the Veteran's current disabilities are causally related to his military service.

The Veteran's claims for service connection for chronic fatigue syndrome, left hand tremors (claimed as tremors of the hands), diabetes mellitus type II, posttraumatic right bicep tendon pain, and low back pain have all been denied.,There is no evidence in the record to support a direct relationship between these conditions and active duty service.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is at least as likely as not related to his service-connected adjustment disorder with depressed mood and lumbosacral back sprain with IVDS of the lumbar spine.

The Veteran's claims for increased ratings for his service-connected degenerative joint disease of the thoracolumbar spine, cervical spine, and TMJ with osteomyelitis are being remanded due to inadequate VA examinations. The cases will be returned for additional development.

The Board has dismissed the appeals for service connection of cervical spine and lumbar spine disabilities due to the Veteran's withdrawal of his appeal.

The Board has decided to remand the case due to inadequate VA examination and the need for an addendum opinion regarding the Veteran's lumbar spine pain.