Back / lumbar spine decisions — 2024

The Veteran's lumbosacral strain and tremors, muscle rigidity and stiffness of the right upper extremity have been granted service connection. The rating for tremors has been increased to 20 percent.

The Veteran's appeal for service connection for degenerative disc disease of the neck and upper back has been dismissed as he withdrew his appeal prior to a decision being made.

The Veteran withdrew her appeal regarding the service connection for a low back disability as secondary to right total hip arthroplasty.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss, a cervical spine disorder, a low back disorder, and a right hip disorder due to errors in obtaining relevant medical records and failing to provide a VA examination.

The Board has decided to remand the case due to a predecisional error in the duty to assist, and requires an addendum VA opinion on whether the Veteran's erectile dysfunction is aggravated by his service-connected degenerative arthritis of the lumbar spine.

The Board has denied the Veteran's claims for earlier effective dates for service connection due to lack of statutory or regulatory authority, and the AOJ correctly started payment in October 2021.

The Veteran's lumbar DDD is now rated at 30 percent effective April 15, 2022. His LLE radiculopathy of the sciatic nerve is rated at 20 percent effective April 15, 2022.,Beginning May 9, 2023, the Veteran has been granted SMC based on statutory housebound criteria due to having a service-connected disability rated as total and additional separate and distinct service-connected disabilities ratable at 60 percent or more.

The Board has remanded the claims for a lumbosacral disability, right lower extremity radiculopathy, and left lower extremity radiculopathy due to duty to assist errors. The Veteran's service includes active duty from August 1995 to April 2000 and January 2001 to August 2002.

The Board has granted service connection for the Veteran's lumbar spine and right lower extremity radiculopathy conditions effective September 30, 2015.

The Veteran's TDIU was granted effective from October 15, 2018, based on his service-connected back disability. The Board found that the date of claim is July 29, 2014, and determined it was factually ascertainable that the Veteran met the requirements for TDIU within one year prior to this effective date.

The Board denied the Veteran's claims for TDIU prior to August 28, 2013 and from August 28, 2013 and prior to November 26, 2019. The evidence did not meet the criteria for a schedular or extraschedular TDIU.

The Board has granted service connection for degenerative disc disease and spondylolisthesis of the cervical spine, finding that the Veteran's current condition is at least as likely as not related to his military service.

The Veteran's claim for a higher rating for intervertebral disc syndrome with degenerative arthritis of the spine and right lower extremity radiculopathy was denied. The claim for a 30 percent rating for diverticulosis (claimed as a bowel condition) was granted, but subject to payment laws.

The Veteran's TDIU was granted effective November 6, 2020. The Board found that the criteria for an earlier effective date were not met.

The Board has dismissed the issue of entitlement to an increased rating for a lumbar spine disability due to improper docketing as an AMA appeal. The earlier effective date claims for TDIU and DEA are remanded.

The Board has denied the Veteran's claims for service connection for a chronic back disorder and for TDIU, finding that there is no evidence to support these claims.

The Veteran's right knee disability and lumbar spine disability are found to have onset in service, warranting service connection.,Service connection is granted for the Veteran's acquired psychiatric disability and bilateral lower extremity neuropathic pain.

The Veteran's appeal for service connection of a back condition was dismissed because the VA Form 10182 Notice of Disagreement (NOD) was not timely filed.

The Board has determined that the Veteran's lumbar spine disability is at least as likely as not related to his service-connected right knee disability, granting service connection on a secondary basis.

The Board has remanded the claims for service connection for cause of death and Dependency and Indemnity Compensation (DIC) due to a duty to assist error, including obtaining verification of the Veteran's exposure to herbicide agents during his service at Fort Polk, Louisiana. The examiner is asked to provide an opinion on whether any of the Veteran's service-connected disabilities or medications contributed substantially or materially to the cause of death.