Back / lumbar spine decisions — 2024

The Board has decided to remand the cases for further examination and opinion regarding service connection for various disabilities, including back disability, right leg disability, left leg disability, right shoulder disability, and left shoulder disability.

The Board has remanded the Veteran's claims for service connection and TDIU effective date due to pre-decisional duty-to-assist errors. The case will be returned for further development.

The Board has granted service connection for lumbar spine degenerative joint disease, left lower extremity radiculopathy, right lower extremity radiculopathy, cervical spine degenerative joint disease, and an acquired psychiatric disorder (panic disorder and depressive disorder).

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's lumbar spine disability and whether obesity as a result of service-connected disabilities is a substantial factor in causing the diagnosed condition.

The Board has granted service connection for a lumbar spine disability, finding that the Veteran's current condition is related to his in-service symptoms and treatment. The claimant's statements and lay evidence support the continuity of symptomatology from service.

The Veteran's appeals for increased disability ratings and service connection were dismissed due to the filing of a Decision Review Request (NOD) in July 2021, which was not addressed by the AOJ decision in March 2021.

The Board has decided to remand the case due to inadequate medical opinion regarding the relationship between the Veteran's lumbosacral strain and service. The Veteran is seeking service connection for his back injury, which he claims occurred during active duty.

The Board has remanded the claims for service connection for low back and right knee disabilities due to a lack of verification of the Veteran's periods of active duty, ADT, or IDT. The AOJ is instructed to verify these dates and provide a memorandum detailing each period of verified military service.

The Veteran's claim for a compensable evaluation for bilateral hearing loss has been denied. The Board finds the evidence does not support a higher rating based on current audiometric test results.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation, as he was employed full-time prior to June 8, 2020. The Board finds that TDIU is not warranted based on the single service-connected disability of his back condition.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected back disability, finding that the muscle relaxants used for his back condition aggravate his OSA.

New and relevant evidence has been received for several previously denied service connection claims, including cervical spine condition, ED, left lower extremity tingling and numbness, left upper extremity tingling and numbness, right lower extremity tingling and numbness, right upper extremity tingling and numbness, lumbar spine condition, tension headaches, diabetes mellitus type II, hearing loss, tinnitus, and hypertension. These claims are being remanded for further review.

The Board has granted earlier effective dates of January 11, 2021 for the grant of service connection for various disabilities including an acquired psychiatric disorder and multiple musculoskeletal and neurological conditions.

The Board has remanded the Veteran's claims for low back disability, left hip disability, right hip disability, gastroesophageal reflux diseases (GERD), and migraines due to pre-decisional duty to assist errors. The claims must be readjudicated with further development.

The appeal concerning the service-connected degenerative changes of the thoracolumbar spine is dismissed. The appeals for tension headaches, cervical spine disability, and radiculopathy of right upper extremity are remanded.

The Board has determined that the RO improperly adjudicated the issue of severance of service connection for a back disability. The case is being remanded to consider the proper applicable rules and regulations regarding severance.

The Veteran is seeking an earlier effective date for the grant of service connection for his lumbar spine disability. The Board has decided to remand this issue due to a duty to assist error in not obtaining pre-2000 VA treatment records from the East Orange VAMC.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence in previous VA examinations and conflicting medical opinions. The lower back condition, sciatic radiculopathy of both legs, and their relationship to service are now subject to further review.

The Board has granted service connection for the Veteran's lumbar spine and left knee conditions. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) for the period prior to September 26, 2022, is remanded.

The Veteran's appeals for increased ratings and TDIU have been dismissed as he has withdrawn his appeal.