Back / lumbar spine decisions — 2024

The Board has denied service connection for high cholesterol as it is not a disability for VA benefits purposes. The remaining issues of service connection for lower back condition, hypertension, diabetes mellitus, and left eye condition are remanded for further development.

The Board has granted service connection for acromioclavicular joint arthritis of the right shoulder, left shoulder, and degenerative arthritis and spondylolisthesis of the lumbar spine. The claims were readjudicated due to new evidence received since a previous denial.

The Veteran's service connection claims for coronary artery disease, hypertension (pursuant to the PACT Act), emphysema with endobronchial valve in left lung, allergic rhinitis, sinusitis, bilateral hearing loss, right shoulder condition with degenerative arthritis, a left shoulder condition with degenerative arthritis, lumbosacral disability (lumbosacral strain with degenerative disc disease), and a left knee condition are granted.,The Veteran's service connection claims for emphysema with endobronchial valve in left lung, allergic rhinitis, sinusitis, bilateral hearing loss, right shoulder condition with degenerative arthritis, a left shoulder condition with degenerative arthritis, lumbosacral disability (lumbosacral strain with degenerative disc disease), and a left knee condition are remanded.

The Veteran's claims for effective dates prior to January 15, 2020 for the grant of increased disability ratings were denied.,The Board found that the earliest date entitlement arose was January 15, 2020, and thus the effective dates established by the April 2020 rating decision are correct.

The Board dismissed the appeal for service connection of lumbosacral strain/intervertebral disc syndrome (claimed as low back condition) due to untimeliness.

The Board has remanded the Veteran's claims for service connection due to exposure to toxic substances during his Southwest Asia deployment, including allergic rhinitis and sinusitis, migraines, and lumbosacral strain. The VA is required to obtain a medical opinion regarding these conditions based on their potential relation to service.

The Veteran's claims for service connection for a respiratory disability and low back disability, as well as his claim for TDIU prior to March 23, 2022, are being remanded due to pre-decisional errors. The Board will consider the evidence of record at the time of the October 2023 decision and any new evidence submitted by the Veteran or his representative.

The Veteran's TDIU claim is denied as his service-connected tinnitus alone does not render him unemployable, and the other conditions do not impact his employability.

The Board has found new and relevant evidence for the claims of service connection for lumbar spine disability, bilateral ankle disabilities, and bilateral knee disabilities. These issues are being remanded to allow for further review.

The Veteran's claim for a higher rating for his service-connected low back disability was denied as the evidence did not show forward flexion of the thoracolumbar spine greater than 30 degrees or combined range of motion not greater than 120 degrees, despite experiencing pain and flare-ups.

The Board has remanded the case due to a failure to address all theories of entitlement raised, specifically the theory of aggravation. The Veteran's low back disability is being requested to be reviewed by another examiner to determine if it is caused or aggravated by his service-connected bilateral knee disabilities.

The Board has remanded the case due to an inadequate VA examination and a need for a medical opinion regarding whether the Veteran's lower back disability is related to his military service.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and duty-to-assist errors.

The Board has remanded the case due to insufficient evidence regarding the Veteran's low back disability, including potential service connection and continuity of symptomatology.

The Board has decided that the Veteran's lumbar spine disability, including any secondary effects on his service-connected left ankle disability, is not related to his military service and thus denied the claim. The decision is remanded due to a need for an addendum opinion regarding whether the Veteran's back condition was caused by his military service.

The Veteran's lumbar spine disability resulted in forward flexion of at worst 50 degrees, with no ankylosis of the thoracolumbar spine or entire spine. The Board found that the overall disability picture for the appeal period is not severe enough to warrant assignment of an evaluation in excess of 20 percent.

The Board has remanded the issues of entitlement to service connection for lower back disability, headache disability, right hip disability, left hip disability, left knee disability, right knee disability, right ankle disability, and left ankle disability. The Veteran's request to withdraw her appeal regarding sleep apnea was granted.

The Veteran's claims for increased ratings for service-connected lumbar spine and bilateral lower extremity radiculopathy disabilities are denied as the earliest date of increase in disability is March 31, 2020.,Basic eligibility to Dependents' Educational Assistance (DEA) benefits is also denied as there was no permanent total service-connected disability prior to March 31, 2020.

The Board has denied service connection for a low back disorder and gastrointestinal (GI) disorder, finding that the disorders are not related to service or any service-connected disability.

The Veteran's claims for increased ratings and service connection were denied. The effective date of the 70% rating for persistent depressive disorder was granted.