Back / lumbar spine decisions — 2024

The Board has granted effective dates of August 17, 2020 for the award of service connection for lumbar spine degenerative arthritis, right sciatic nerve radiculopathy, and right femoral nerve radiculopathy. The decision is based on the Veteran's timely submission of a complete claim within one year of receipt of an incomplete application form.

The Board has remanded the case due to a pre-decisional duty error regarding workers' compensation and Social Security Administration records related to the Veteran's back disability. The AOJ is required to obtain these records.

The Veteran's back and right hip conditions are found to be secondary to his service-connected right ankle condition, and the Board has granted service connection for these conditions.

The Veteran's claims for service connection are being remanded due to the need for new VA examinations and a duty to assist error.

The Veteran's claims for increased ratings for his low back and bilateral sciatic/femoral radiculopathy were denied. The current rating of 20 percent for chronic lumbar syndrome, status post L4-5 lumbar discectomy/fusion with degenerative arthritis from February 14, 2019, to March 10, 2020, was maintained.

The Board has decided to remand the Veteran's claims for a thoracolumbar spine disability including radiculopathy of both lower extremities due to insufficient evidence and need for further examination.

The Veteran's rating for degenerative disc disease of the lumbar spine was restored to 40 percent effective December 23, 2020. Service connection for fibromyalgia was granted with an effective date of March 11, 2020.

The Board has denied service connection for lumbosacral degenerative disc disease and remanded the issues of service connection for left and right upper extremity neuropathy due to a lack of medical evidence supporting the Veteran's claims.

The Board has remanded several service connection claims due to duty-to-assist errors, including obtaining private medical records and requesting addendum opinions.

The Veteran's claim for service connection of a back disability was denied as there is no current diagnosis or functional loss.,His peanut allergy claim was denied as it does not meet the criteria for a compensable rating under DC 6599-6522.

The Board has decided to remand the Veteran's claims for service connection for back condition and bowel disturbances (IBS) due to a pre-decisional duty-to-assist error. The AOJ did not obtain medical opinions in both cases, which is necessary to determine if there is a link between the conditions and active duty.

The Board has granted earlier effective dates of January 28, 2022 for the grant of service connection for low back disability and bilateral hearing loss.

The Board has remanded the claims of service connection for an eye condition, hypertension, a back condition, and headaches due to duty-to-assist errors.

The Board has remanded the claims for service connection for lumbar spine, shoulder, elbow, and knee disorders due to a lack of VA examinations and conflicting opinions.

The Veteran's appeal for specially adapted housing and special home adaptation grant was denied as none of his service-connected disabilities meet the criteria for such benefits. The appeal for an allowance for an automobile or other conveyance and adaptive equipment only was also denied.

The Veteran's claims for sickle cell anemia, skin disability (rash), hemorrhoids, and acquired psychiatric disability are denied as there is no current diagnosis of these conditions.,Service connection for a lumbosacral spine disability is also denied due to lack of evidence showing the condition began during service or is related to service.

The Veteran's claim for service connection for posttraumatic stress disorder is dismissed because the Veteran was already receiving service connection for this condition effective August 8, 2021. The claims for service connection for left knee disorder, right knee disorder, left ankle disorder, right ankle disorder, back disorder, and stomach disorder are remanded.

The Veteran withdrew his appeal for all issues related to service connection, including headaches, ankle injuries, groin muscle pain, foot disabilities, elbow and knee conditions, lumbar spine issues, and a condition affecting the two middle fingers of the right hand. The Board dismissed the appeal as withdrawn.

The Board has remanded the claims of service connection for thoracolumbar spine (back), sleep apnea, and right knee condition as secondary to service-connected disabilities due to pre-decisional duty to assist errors and lack of discussion regarding the Veteran's assertions.

The Board has determined that new and relevant evidence has been received for the Veteran's claims of lumbar spine disorder and diabetes mellitus type II, warranting readjudication.,The appeal as to the right lower extremity peripheral neuropathy and left lower extremity peripheral neuropathy is also remanded.