Back / lumbar spine decisions — 2024

The Board has determined that the Veteran's preexisting scoliosis was not aggravated during service, and thus denied his claim for service connection. The back disability other than scoliosis is remanded due to a duty to assist error.

The Board has decided to remand the Veteran's claims for increased ratings for his service-connected low back and cervical spine disabilities due to a failure to provide adequate notice of VA examinations.

The Board has found that the Veteran does not have a current diagnosis of Chronic Fatigue Syndrome and her fatigue is attributed to her service-connected hypothyroidism disability. The lumbar spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy, and bilateral plantar fasciitis are all remanded for further review.

The Veteran's cervical spine disability is related to his combat activities as a wheeled vehicle mechanic and motor transport operator during active duty, and the Board has granted service connection for this condition.

The Veteran's TDIU was granted effective May 18, 2015. The Board found that this arose on May 18, 2015, which is later than the February 22, 2012 date of claim for service connection.

The Board has denied the Veteran's claims for service connection for left hand and back disorders due to a lack of current diagnoses, finding that there is no evidence of functional impairment or disability.

The Board has found that new and relevant evidence supports readjudicating the claims for diabetes, hypertension, sleep apnea, and heart disability. The AOJ must now adjudicate these claims based on this new evidence.

The Board has granted the Veteran's claims for service connection for a neck disability and a low back disability, finding that new evidence received since the previous denial supports these claims. The Veteran's symptoms of neck pain and low back pain were noted during his active duty service and have continued thereafter.

The Board has denied the Veteran's claims for service connection for lumbar spine, right knee, and right hip conditions due to a lack of evidence linking these conditions to his active duty service.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine conditions due to inadequate VA examination opinions.

The Board has denied service connection for left ankle, left shoulder, right shoulder, and lower back disabilities due to a lack of current diagnoses.

The Veteran's service connection for a low back disability is granted. The Board has also remanded the issues of service connection for neurological disabilities of the right and left lower extremities, as secondary to his low back disability.

The Veteran's lumbar disability is currently rated at 10% prior to May 18, 2021 and the Board has determined that a rating of at least 40% should be granted for the entire period on appeal. The cervical spine disability and TDIU issues are also remanded.

The Veteran's appeal is remanded for further development on the issues of service connection for a thoracolumbar spine disability, bilateral hearing loss, and squamous cell carcinoma of the skin. The Board cannot consider evidence submitted after the September 2021 decision without proper procedural steps.

The Board has remanded the case due to a duty to assist error, specifically failing to provide an examination for the Veteran's back condition.

The Board has remanded the case due to a duty to assist error, requiring additional development and medical opinions regarding service connection for back disability.

The Board has remanded the case due to an inadequate VA examination, requiring a new evaluation of the Veteran's lumbosacral conditions and their relation to service.

The Veteran's TDIU claim is granted with an effective date of February 4, 2021, based on his service-connected disabilities. His combined disability rating at that time was 70 percent.

The Board has granted service connection for degenerative arthritis of the lumbar spine, status post left hip replacement, and osteoarthritis of the right hip. The Veteran's current diagnoses are related to his active duty service.

The Veteran's lumbosacral strain, degenerative disc disease, and degenerative arthritis are granted as service-connected.,Right and left lower extremity radiculopathy are also granted as secondary to the service-connected lumbar spine disorders.,Service connection for migraines is remanded due to a lack of opinion on their relationship to service-connected disabilities.