Back / lumbar spine decisions — 2024

The Board has granted service connection for the Veteran's diagnosed low back disability, specifically spinal stenosis, finding that it had its onset during service and is related to his in-service injuries.

The Board has granted service connection for the Veteran's sleep apnea, finding that it is at least as likely as not caused by his service-connected obsessive compulsive disorder and thoracolumbar spine strain.

The appeal of the service connection for a back disability is dismissed. The issue of secondary service connection for sleep apnea is remanded.

The Veteran's claim for service connection for tinnitus has been granted. The Board found that the Veteran had continuous symptoms of tinnitus since service and met the requirements for presumptive service connection under 38 C.F.R. § 3.303(b).

The Board has granted service connection for degenerative disc disease of the lumbar spine and degenerative arthritis and stenosis of the cervical spine, finding that these conditions are at least as likely as not related to active service.

The Board has denied the Veteran's claims for increased ratings for MDD, tension headaches, and tinnitus. The lumbar spine disability claim is remanded due to an inadequate VA examination.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support an increase in rating or service connection for any of the claimed conditions.

The Board has denied service connection for anxiety due to lack of a current psychiatric disability. The claims for neck and low back disabilities are remanded for further examination.

The Veteran's claims for increased ratings for lumbosacral strain with degenerative disc disease and gastroesophageal reflux disease (GERD) were denied. The Board found that the evidence did not support a rating in excess of 10 percent for either condition.

The Board has denied the Veteran's claim for service connection for a back condition as there is no current diagnosis of such a condition, and any reported low back pain does not result in functional impairment that would qualify as a disability for VA purposes.

The Veteran's claim for a higher rating for lumbosacral strain was denied, and his claims for service connection for cervical spine disorder were granted. The decision also addressed the denial of service connection for dental issues.

The Veteran's claims for service connection were denied as her Raynaud's syndrome and degenerative disc disease of the spine did not meet the criteria for higher ratings, while her psychiatric disorder claim was denied due to lack of a diagnosed condition.

The Veteran's claims for obesity, peripheral neuropathy of the bilateral upper extremities, right knee osteoarthritis status post total knee arthroplasty, left foot disorder, diabetes mellitus type II, lumbar spine disorder, sleep apnea, and hypertension have been denied. The Board found that there is no evidence to support these claims.

The Board has decided to remand the case due to errors in calculating overpayment of attorney fees and issues related to service connection. The Veteran's representative requested a hearing, but no action will be taken until after this request is completed.

The Board has remanded the claims for service connection for obstructive sleep apnea, increased ratings for back disability and left lower extremity radiculopathy. The Veteran's back disability is currently rated at 40 percent, while his LLE radiculopathy is rated at 20 percent.

The Veteran's service-connected disabilities did not prevent him from securing and maintaining substantially gainful employment prior to August 24, 2021.

The Board has remanded the claims for service connection for left shoulder, back, and right knee disorders due to inadequate VA examination reports. The Veteran's symptoms post-service are also considered.

The Board has remanded the claims for a rating in excess of 20 percent for left wrist and left ankle disabilities, as well as the claim for TDIU from September 16, 2009 to January 23, 2015. The claims are being remanded due to insufficient information regarding the presence and severity of radiculopathy associated with the Veteran's lumbar spine disability during a specific period.

The Board has remanded the case due to inadequate prior examinations and for further development of evidence. The Veteran's claim remains on appeal as he has not been awarded the highest rating possible.

The Veteran's claims for effective dates prior to May 25, 2017 and May 30, 2018 for left total knee replacement and right hip scar, respectively, are denied. The claim for extension of a temporary total rating beyond July 1, 2018 is also denied. A compensable rating for the right hip scar is not granted. The Veteran's claims for increased ratings for his back disability are also REMANDED.