Back / lumbar spine decisions — 2024

The Veteran's claims for increased disability ratings for degenerative joint disease and disc disease of the lumbosacral spine with Tarlov's cyst, and radiculopathy of the left lower extremity are being remanded due to inadequate prior examinations.

The Board has denied the Veteran's claims for service connection for various conditions, including left and right shoulder conditions, eye condition, throat condition, neck disability, low back disability, lower extremity disabilities, right-hand condition with numbness, migraines, and thyroid disease/cancer. The evidence does not support a finding of current diagnoses or a link to service.,The Veteran's claims for these conditions were denied as there is no persuasive medical evidence linking the conditions to her military service.

The Board denied the Veteran's request for an earlier effective date of January 4, 2021, for a 40 percent evaluation for intervertebral disc syndrome, lumbosacral spine. The evidence did not show any formal or informal claim prior to January 4, 2021, and there was no factually ascertainable worsening within the one-year look-back period.

The Veteran's PTSD is granted as service-connected. The issues of entitlement to service connection for anxiety, bipolar disorder with depression, schizoaffective disorder, and degenerative disc disease are remanded.

The Board has granted service connection for a back disability, finding that the evidence is approximately evenly balanced as to whether the appellant's back disability had its onset during her period of active duty training (ACDUTRA).

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 claims of service connection for right hip condition, sleep apnea, and back condition due to insufficient evidence on the etiology of these conditions.

The Board has remanded the claims for a lower back condition, right leg radiculopathy, and left leg radiculopathy due to service connection errors. The Veteran's private medical records indicate he sought treatment for his lower back pain in 2012.

The Board has determined that more development is necessary prior to final adjudication of the remaining claims, including obtaining new medical examinations and opinions regarding the Veteran's claimed conditions.

The Board has remanded the claims for pes planus, cervical spine condition, low back condition, and sinus disability due to duty-to-assist errors that occurred prior to the March 2021 rating decision on appeal.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's current degenerative disc disease is related to his military service. The claim will be returned for further review.

The Board dismissed the appeal because the September 2020 rating decision did not contain an adverse decision regarding the proposed reductions of the ratings for asthma and lumbosacral strain or a decision on entitlement to an increased rating for hypothyroidism.

The Board dismissed the Veteran's claim for an earlier effective date for service connection of his cervical spine disability because it was a freestanding claim and not based on a CUE in the original decision.

The reduction of the 70% rating for the Veteran's acquired psychiatric disorder to a 50% rating was improper and is void ab initio. The restoration of the 70% rating is granted.,The reduction of the 20% rating for the Veteran's back disability to a 10% rating from September 1, 2020 to June 11, 2021 was also improper and is void ab initio. The restoration of the 20% rating is granted.

The Veteran's PTSD is rated at 70 percent, effective from the date of the April 2022 decision. A TDIU based on service-connected disabilities is granted.

The Board has decided to remand the claim of service connection for a lumbar spine disability due to insufficient evidence and duty to assist errors.

The Board has denied an increase in the evaluation for a low back disability and has remanded issues related to right hip disabilities, migraine headaches, and earlier effective dates. The Veteran's service-connected conditions have not resulted in compensable loss of range of motion or ankylosis.

The Board dismissed the appeal due to the appellant's withdrawal of his claims for service connection for right knee condition, left knee condition, lower back condition, and gastritis.

The Veteran's claims for service connection have been remanded due to incomplete records and need for further examination.

The Board has determined that the Veteran's erectile dysfunction and back condition are not related to service, and thus denied these claims. The case is being remanded for further examination and opinion.