Back / lumbar spine decisions — 2024

The Veteran's appeals for lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy were dismissed as the Veteran withdrew his appeals.,The Veteran was granted service connection for a gastrointestinal disorder (achalasia with esophageal stricture status-post dilation with GERD) due to herbicide agent exposure.

The Board has decided to remand the case due to inadequate medical opinions and a need for further examination.

The Veteran's appeal centers on his request for an earlier effective date for the additional dependency compensation he receives for his spouse, children, and stepchildren. These benefits are available to all Veterans with qualifying dependents who are in possession of at least a 30 percent combined disability rating.,The Board denied the Veteran's claims as there was no good cause presented to extend the one-year requirement to submit the additional dependency compensation claim.

The Board has remanded the claims for service connection for left shoulder and back disabilities due to a pre-decisional duty to assist error. The Veteran's tinnitus claim is granted.

The Board has denied the Veteran's claims for service connection for a neck condition, pes planus of the right foot, and back condition. The appeal is remanded for further development regarding these issues.,The Veteran's claim for service connection for heart condition was also remanded due to duty-to-assist errors.

The Veteran's claim for bilateral hearing loss is denied as he does not have a disability as defined by VA.,The Veteran's claim for lower back disability is denied due to the lack of a current diagnosis.,The Veteran's claim for tinnitus is remanded and requires an addendum opinion from an appropriate clinician.

The Board denied the Veteran's claim for special monthly compensation based on aid and attendance (SMC A&A) due to a lack of evidence showing that his service-connected disabilities rendered him so nearly helpless as to require regular aid and attendance from another person.

The Veteran's claims for sleep apnea and lumbar spine disability were granted with effective dates of August 4, 2016. The Board found that the original intent to file was received on this date.

The Board has remanded the case due to a need for a VA medical opinion regarding the relationship between the Veteran's Parkinson's disease, Hodgkin's lymphoma, and his military service. The issues of CFS, degenerative disc disease with muscle spasm and stiffness, loss of smell (Hyposmia), unspecified neurocognitive disorder, and dysequilibrium are also remanded as they are inextricably intertwined with the Parkinson's disease appeal.

The Veteran's appeal for a higher rating for thoracolumbar strain with degenerative arthritis of the thoracic spine was denied, while he received a 10 percent evaluation for left hamstring strain.

The Veteran is granted an effective date of March 2, 2016 for the award of a 40 percent disability rating for lumbosacral strain.,The Veteran's initial claim for increased left ankle collateral ligament sprain was denied as his disability does not warrant a rating in excess of 10 percent.

The Veteran's claims for service connection of various conditions have been remanded due to the need for additional examinations and opinions. The Board found that a higher rating is warranted for bilateral hearing loss, but denied earlier effective dates for service connection of tinnitus and BHL.

The Board has remanded the claims for service connection and rating issues related to psychiatric disability, low back disability, right knee disability, left knee disability, and left thumb disability. The Veteran's disabilities are being examined again to determine their etiology and severity.

The Veteran's service-connected conditions have rendered her in need of regular aid and attendance, warranting special monthly compensation based on aid and attendance.

The Board has decided to remand the case due to procedural errors and a need for additional evidence, specifically an examination report that does not cover the entire appeal period.

The Veteran's migraines, bilateral knee condition, lumbar spine disorder to include lumbosacral strain and degenerative disc space narrowing (lumbar strain), IBS, and erectile dysfunction were not found to be related to service.,Service connection was denied for all claimed conditions.

The Veteran is granted special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities, but denied SMC at the housebound rate as he does not meet the criteria.

The Board has determined that new and relevant evidence has been submitted to reopen claims for service connection for various disabilities, including right knee disability, left knee disability, low back disability, PTSD, and anxiety. The claims are being remanded due to duty-to-assist errors.

The Veteran's migraine headaches are found to be related to service, while the back condition is not. The appeal for service connection for the back condition is denied.

The Board has remanded the claims of service connection for left ear hearing loss disability, right ear hearing loss disability, and lumbar spine disability due to duty-to-assist errors prior to the AOJ decisions. The Veteran's bilateral hearing loss is being reviewed again as there may be a need to consider evidence submitted after the August 2021 decision.