Back / lumbar spine decisions — 2024

The Board has dismissed the appeal due to the Veteran's death, and no one has requested substitution for the Veteran.

The Veteran's eligibility for transfer of educational benefits under the Post-9/11 GI Bill to his dependent spouse was denied due to failure to meet his service commitment prior to his obligated projected end date.

The Board has found that the Veteran's back and left knee disabilities are currently present, but a VA examination is needed to determine their etiology.

The Veteran's cervical spine disability and migraines are granted as service connected. The right shoulder tendinosis is remanded for further review.

The Veteran's service connection claims for left and right leg sciatica, lumbar strain with degenerative disc disease, gastroesophageal submucosal lesion, and hypertension have all been denied.,There is no current evidence of a disability in any of the claimed conditions.

The Board has decided to remand the claims for service connection due to insufficient evidence regarding the relationship between the claimed conditions and military service. The Veteran will need to undergo VA examinations to determine if there is a link between his current diagnoses and his time in service.

The Board has granted the Veteran's claim of service connection for thoracolumbar spine degenerative arthritis with intervertebral disc syndrome, as secondary to his service-connected right knee instability and status post right knee meniscus repair.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that it was not factually ascertainable that his service-connected disabilities increased to preclude substantially gainful employment within one year prior to the date of his claim.

The Veteran's claims for service connection and increased rating have been remanded due to procedural errors and the need for additional medical opinions.

The Board found that the grant of service connection for lumbosacral strain was not clearly and unmistakably erroneous, thus restoring service connection.

The Veteran's neck and back conditions are granted service connection, while bilateral hearing loss is denied. Service connection for a right leg condition and an acquired psychiatric disorder is also granted.

The Board has granted the Veteran's claim for service connection for his back disability, finding that it is related to his military service and resolving doubt in favor of the Veteran.

The Board has granted service connection for hemorrhoids and denied service connection for left shoulder disability. The claim of service connection for low back disability is remanded.

The Veteran withdrew his appeal regarding multiple knee and hip conditions, as well as a shoulder pain condition and back condition.

The Board has dismissed the claim for service connection of pelvic floor dysfunction due to a prior grant in August 2023. The issue of service connection for degenerative disc disease is remanded.

The Veteran's lumbosacral strain was rated at 40 percent effective February 28, 2022.,An earlier effective date of June 23, 2021 for the increased rating of 30 percent for asthma is granted.,SMC effective from June 23, 2021 is granted.

The Board has determined that the Veteran's migraine headaches are related to her service-connected cervical spine degenerative disc disease, but not directly. The Board is remanding for further examination and opinion regarding whether her migraines were aggravated by or caused by her lumbosacral strain or bilateral upper extremity radiculopathy.

The Veteran's appeal for service connection for allergies, a back disability, gingivitis, a nerve disability, and a sinus disability has been withdrawn.,Service connection for unspecified depressive disorder is granted. The Board finds that the Veteran's current unspecified depressive disorder is related to her active service.

The Board has remanded the claims for service connection for back disability, left hip disability, right hip disability, and right shoulder disability due to predecisional duty to assist errors. The Veteran's treatment records from private providers have not been obtained.

The Veteran's persistent depressive disorder with anxious distress is not rated more than 30 percent, as the evidence does not show occupational and social impairment with reduced reliability and productivity.,Left lower extremity radiculopathy is not rated more than 20 percent, as the symptoms do not meet criteria for a higher rating based on incomplete paralysis of the sciatic nerve.,Lumbosacral strain with IVDS and L4-L5 herniated intervertebral disc does not warrant an initial rating more than 10 percent due to combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees.