Back / lumbar spine decisions — 2024

The Veteran's disability ratings for service-connected status post lumbar spine fusion and sciatic nerve, left lower extremity, were improperly reduced. The 40% rating for the former and the 10% rating for the latter are restored.

The Board has remanded the claims for service connection due to insufficient evidence and a duty to assist error. The Veteran's back condition may be related to his active duty service, but more development is needed. For PTSD, there are inconsistencies in when the disability began that need clarification.

The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation since June 1, 2013.,Basic eligibility for Dependents' Educational Assistance benefits arose on June 1, 2013.

The Board has decided to remand the Veteran's claim of service connection for spinal stenosis with degenerative disc disease due to insufficient evidence regarding the onset and progression of his condition during periods of active duty training. A VA examination is needed to address these issues.

The Board has dismissed all increased rating claims and the special monthly compensation claim due to the Veteran's death.

The Veteran's service connection claims for low back pain with bilateral pars defect, mixed type adjustment disorder with depression and anxiety, left hand thenar tendonitis, and right hand thenar tendonitis are granted as of December 11, 2017.

The Board has remanded the Veteran's claims for service connection for bilateral flat foot (pes planus) and plantar fasciitis, as well as a lumbar spine condition. The AOJ will consider new evidence in their adjudication of these claims.

The Veteran's appeal for a higher rating of his service-connected back disability and service connection for teeth and gum problems has been denied. The issue of service connection for a mental health disability, secondary to a traumatic brain injury (TBI), is being remanded.

The Board has found that additional development is necessary for the Veteran's claims of service connection for low back and left knee conditions due to inadequate medical opinions. The case is being remanded for new VA medical opinions.

The Board denied the Veteran's request for reentry into VR&E independent living services due to a lack of evidence showing his disabilities have worsened to the point he has sustained a substantial loss of independence following his previous determination of rehabilitation.

The Veteran's claims for increased ratings of coronary artery disease (CAD) and spinal fusion with lumbar stenosis and degenerative arthritis have been granted, effective from June 12, 2014, and May 7, 2018 respectively.,The claim for a higher rating for obstructive sleep apnea has been denied.

The Veteran's claim for service connection for a lumbar spine disability, claimed as right hip condition, is granted. The AOJ previously denied the claim in August 2009 and has now remanded it due to new evidence submitted after the initial decision.

The Board has granted service connection for the Veteran's lumbar spine degenerative arthritis, finding that it began during active duty and has been recurrent since then.

The Veteran's claims for service connection of a back disability and an increased rating for tinea versicolor are remanded due to duty-to-assist errors. A VA examination is required for both issues.

The Veteran's lumbar spondylosis is rated at 20 percent effective February 17, 2019. The Board found that the evidence did not support a higher rating.

The Veteran's back disability, including degenerative arthritis, lumbosacral strain, and intervertebral disc syndrome (IVDS), is now considered service-connected.

The Veteran's claims for increased ratings were denied except for the RUE diabetic neuropathy, which was granted a 40 percent rating effective from July 25, 2019. The LLE diabetic neuropathy claim is also granted with a 40 percent rating since January 20, 2020.

The Veteran's service-connected degenerative disc disease of the lumbar spine is causing severe radiculopathy that affects his lower extremities. The Board has determined there was a duty to provide an examination to determine if this disability results in loss of use of one or both feet, as required by VA regulations.

The Board has denied service connection for left leg pain and low back pain, finding that the evidence does not support a link to service.

The Board has granted an earlier effective date of January 1, 2006 for the assigned 10 percent rating for service-connected thoracolumbar spine strain (lumbar spine disability), finding clear and unmistakable error in the January 2006 rating decision that originally granted service connection but assigned a noncompensable rating due to painful motion.