Back / lumbar spine decisions — 2024

The Veteran's service connection claims for various conditions are being remanded due to inadequate medical opinions. The Board will seek new opinions to determine if the conditions are related to service.

The Board has remanded the case due to a duty-to-assist error, and an addendum opinion is needed from a clinician to address the nature and etiology of any lumbar spine disability.

The Board has determined that additional medical opinions are needed to address the etiology of the Veteran's claimed disabilities, particularly regarding secondary service connection. The claims for cervical spine disability and associated radiculopathy, lumbar spine disability, bilateral hip disabilities, and migraine headaches are being remanded.

The Board has remanded the claims for service connection due to a pre-decisional error in obtaining the Veteran's service treatment records. The RO must make further attempts to obtain these records.

The Veteran's claims for gastrointestinal and back disabilities are being remanded due to pre-decisional duty-to-assist errors. The Board cannot consider evidence submitted after the March 2021 AOJ decision, so any new evidence will be considered by the AOJ.

The Veteran's claims for increased ratings on his left shoulder disability, left shoulder scar, and back disability are being remanded due to a duty to assist error. The appellant is asked to provide authorization for VA to obtain any relevant medical records from Dr. Powers.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's back disorder is directly related to his service. A new VA examination is required to determine this etiology.

The Board has granted service connection for the Veteran's injury to his right hand, index finger. The other claims have been dismissed due to withdrawal by the Veteran.

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

The Veteran's back disability is rated at 40 percent effective February 23, 2021. The Board found that the Veteran's symptoms prior to July 20, 2021, more nearly approximated the severity level for a 40 percent rating.

The Board has denied the Veteran's claim for service connection for chronic pain lower back, finding that there is no evidence to support a link between his current condition and his military service.

The Board has remanded the case due to a duty to assist error, requiring a new VA examination and opinion regarding the etiology of the Veteran's low back disability.

The Veteran's low back disorder is granted as secondary to his service-connected bilateral ankle strains.,The Veteran's obstructive sleep apnea is granted as secondary to his service-connected major depressive disorder, alcohol use disorder, and anxiety disorder. The effective date for this grant is September 30, 2021.

The Board has remanded the cases for further development and examination, as there were pre-decisional duty to assist errors. The Veteran's claims for service connection are not granted.

The Board has decided to remand the Veteran's claims for cervical spine, lumbar spine, and bilateral upper extremity radiculopathy disabilities due to a pre-decisional duty to assist error. The AOJ must schedule the Veteran for VA examinations and obtain etiology opinions.

The Veteran's claim for an effective date earlier than May 4, 2021 for the award of service connection for unspecified bipolar and related disorder was denied. The claims for increased ratings for radiculopathy of the left lower extremity from May 20, 2019 to May 20, 2021 were also denied.

The Veteran's disability ratings for degenerative arthritis of the lumbar spine and tension headaches were improperly reduced. The Board has reinstated these ratings to their original levels, effective August 1, 2022.

The Board has dismissed all pending appeals due to the Veteran's withdrawal of his claims prior to a final decision.

The Veteran's lumbosacral strain is currently rated at 40 percent, and the Board finds that a higher rating is not warranted.,For tension headaches (claimed as ocular migraines), the evidence does not support a compensable rating during either appeal period.

The Board granted service connection for various conditions, including lumbar spine disability and bilateral knee condition. The Veteran's obesity was not found to be a compensable disability. Service connection was denied for jaw condition, skin condition (claimed as athletes' foot), bilateral hearing loss, ED secondary to PTSD, TBI, migraine headaches, residual scar of the head/scalp, scar of the lower back, and right shoulder and right foot scars.