Back / lumbar spine decisions — 2024

The Board has denied service connection for right ear hearing loss due to the absence of a current disability as defined by VA regulations. The claim for service connection for a back disorder is remanded due to the need for an appropriate VA examination.

The Veteran's claim for TDIU is remanded due to the need for additional development of his medical records, particularly those from Community Care providers and non-VA providers received by the VA but not associated with the claims file.

The Board has determined that new and relevant evidence has been received for the Veteran's right shoulder condition, warranting readjudication of his claim. The claims for back, left shoulder, and right shoulder conditions are being remanded due to pre-decisional duty to assist errors.

The Board has granted service connection for lumbosacral strain with degenerative arthritis, thoracolumbar degenerative disc disease, left knee strain with joint osteoarthritis, and right knee strain with joint osteoarthritis as secondary to the Veteran's service-connected pes planus and plantar fasciitis.

The Board has granted service connection for left knee degenerative arthritis, right knee meniscal tear, lumbosacral spine degenerative joint and disc disease (lumbar spine disability), and cervical spine degenerative disc disease with degenerative arthritis.

The Board has denied a compensable rating for bilateral hearing loss and has remanded the Veteran's claims regarding his lumbar spine, cervical spine, left forearm, and left elbow disorders. The Veteran is required to provide any private chiropractic treatment records.

The Board has granted service connection for a lumbar spine disability, finding that the Veteran's back problems began during his active duty training in 1976 and are related to this period of service.

The Board has dismissed the Veteran's claims for service connection for a right rib condition and denied his claim for service connection for low back pain. The Board found that there was no valid appeal for the right rib issue due to the lack of an AMA rating decision, and that the low back pain claim is not supported by evidence showing it began during or was aggravated by service.

The Veteran's claims for increased disability ratings and effective dates are being remanded due to the need for additional medical examinations.

The Board has granted the Veteran's waiver of recovery of overpayment of VA disability compensation benefits in the amount of $5,578.26 due to financial hardship and unjust enrichment.

The Veteran is granted a 20 percent initial disability rating for his lumbar strain, effective from August 16, 2014.

The Board has determined that there were duty to assist errors prior to the January 2022 decision on appeal and thus remanded for further development, including obtaining treatment records and affording the Veteran a new VA examination.

The Board has remanded the claims for service connection for bilateral pes planus, right shoulder strain, and back disability due to unresolved issues.

The Veteran's claims for effective dates prior to October 4, 2021, for service connection were denied as the records added after the May 1972 rating decision are not relevant to his claim.,The Veteran's claims for effective dates prior to December 1, 2021, for service connection were denied as the records added after the May 1972 rating decision are not relevant to his claim.

Service connection for tinnitus and vertigo has been granted, while service connection for TBI, sleep apnea, low back pain arthritis, radiculopathy of the right lower extremity (claimed as neuropathy), radiculopathy of the left lower extremity (claimed as neuropathy), right knee pain arthritis, left knee pain arthritis, right shin splints, left shin splints, right elbow and arm pain arthritis, left elbow and arm pain arthritis, right wrist pain arthritis, left wrist pain arthritis, right shoulder pain arthritis, left shoulder pain arthritis, right hip pain arthritis, left hip pain arthritis, right foot pain arthritis, and left foot pain arthritis have been denied.,Service connection for a left index finger arthralgia has been granted with an effective date of November 12, 2008. Service connection for lateral collateral ligament sprain and degenerative arthritis of the right ankle has been granted with an effective date of July 12, 2021.

The Board has denied the Veteran's claims for service connection for right leg pain and a right ankle condition, chronic pain in the left hip and leg, IBS, and seborrheic dermatitis. The claim for headaches was granted.

The Veteran withdrew their appeal for service connection of a back condition, so the case is dismissed.

The Board found that the Veteran did not suffer from additional disability due to any perceived delay in the authorization of spine surgery in 2002, and that any disability was not proximately due to VA's carelessness or negligence.

The Veteran's claims for beneficiary travel expenses were denied because they were not submitted within the required 30-day filing deadline, despite a previous suspension of the deadline due to the COVID-19 emergency.

The Board has denied the Veteran's claim for service connection for sleep apnea as secondary to his service-connected degenerative disc disease of the lumbar spine, finding that there is no probative evidence linking the two conditions.