Back / lumbar spine decisions — 2024

The Board has granted the appellant's claims for service connection for right knee degenerative arthritis and osteoarthritis, as well as DDD and degenerative arthritis of the lumbar spine. The decision is based on evidence showing that these conditions are related to a motor vehicle accident sustained during service.

The Veteran's back pain is found to be related to his military service, resolving in favor of granting service connection.,New evidence has been submitted for the left and right knee strains. The Board finds that these conditions are also related to the Veteran's time in service.

The Veteran's service-connected disabilities, including persistent depressive disorder with anxious distress, lumbar spine degenerative arthritis, sciatic radiculopathy of the bilateral lower extremities, chronic left ankle sprain, left knee strain, tinnitus, and left hand eczema with resolved cellulitis, do not preclude him from securing or following a substantially gainful occupation.

The Board has denied the Veteran's claims for increased ratings for left lower extremity radiculopathy and right lower extremity radiculopathy, but has remanded his claim for a higher rating for lumbosacral degenerative arthritis and degenerative disc disease with thoracic back strain (lumbar spine disability).

The Board has decided to remand the claims for anxiety/depression, bradycardia, hearing loss, left knee disability, low back disability, migraines, right ankle disability, and tinnitus due to a pre-decisional duty to assist error. The AOJ should provide an examination for the Appellant's bradycardia.

The Veteran's claim for a higher initial evaluation of his lumbar scarring was granted with an effective date of May 3, 2019. The claims for evaluations of his lower extremity radiculopathies and intervertebral disc syndrome are remanded.

The Board has determined that the Veteran's lumbar spine disability, diagnosed as degenerative arthritis with degenerative disc disease and spinal stenosis, is related to service. The decision grants service connection for this condition.

The Veteran's spondylolisthesis with degenerative disc disease other than intervertebral disc syndrome disability is rated at 20 percent, and the Board finds no evidence to support a higher rating. The earlier effective date for right lower extremity radiculopathy is granted.

The Board has denied the Veteran's claims for service connection of a back condition, cervical spine condition, and left arm or shoulder condition due to lack of new and relevant evidence.

The Veteran's appeals to reduce the disability ratings for lumbar degenerative disc disease with intervertebral disc syndrome, supraventricular arrhythmia (heart condition), and right lower extremity radiculopathy, sciatic nerve were dismissed because the proposed reductions had not been finalized in a final VA decision.

The Veteran's rating for bilateral pes planus was reduced from 50% to 10%, and his rating for lumbosacral strain with degenerative arthritis and degenerative disc disease was restored from 20% to 40%. The appeal is denied as the evidence does not support a higher rating.

The Veteran's claims for increased ratings for back disability and right lower extremity radiculopathy were granted effective December 20, 2022. The appellant is not eligible to direct payment of attorney fees based on the past-due benefits awarded in the April 2023 rating decision.

The Veteran's erectile dysfunction is not service-connected, but his back disorder related to heavy lifting and pain during service has been granted.

The Board has remanded the Veteran's claim of service connection for a back pain disability due to insufficient medical evidence and lack of rationale in the previous VA examination. The case is returned to the AOJ for further action.

Service connection is granted for low back disabilities and left shoulder disability.,Nutritional deficiencies are denied as they are not considered a disability for VA compensation purposes.

The Board has remanded the case due to errors in pre-decisional duty to assist and a need for further examination. The claim will be reconsidered with additional information about service dates and a VA examination.

The Veteran's claim for an increased disability evaluation for lumbar spine intervertebral disc syndrome was granted, with a rating of 40 percent effective March 21, 2022. The appellant is eligible for direct payment of attorney fees based on past-due benefits awarded in the September 8, 2022, RO decision.

The Veteran's dental condition is not considered a disability for VA compensation purposes.,The Veteran's lumbar spine DDD does not meet the criteria for an increased rating beyond 20 percent.

The Board has remanded the case due to a duty to assist error in failing to consider an in-service back condition and treatment. The Veteran's service records show treatment for low back pain, but the VA examiner found no evidence of such during service.

The Board has remanded the Veteran's claims for service connection for asthma, chronic right knee pain, chronic left knee pain, lumbar strain, migraine headaches, and stomach problems due to incomplete service records and outstanding VA treatment records.