Back / lumbar spine decisions — 2024

The Board denied the Veteran's claim for service connection of a back disability due to lack of evidence of current disability or in-service incurrence.

The Veteran's appeal is remanded due to the need for a VA examination to assess the severity of his service-connected low back disability, including any manifestations related to degenerative arthritis. The current rating of 10 percent remains in effect until further notice.

The Board has granted readjudication of the Veteran's claim for service connection for a left foot disability, but has remanded both the left foot and back condition claims due to procedural errors. The decision on the left foot disability is granted as new evidence was received.

The claims of service connection for lumbosacral strain, right hip strain, left hip strain, and erectile dysfunction have been dismissed as the RO has granted service connection for each condition.

The Veteran's claim for a higher rating for DDD and IVDS of the lumbar spine is granted, with a maximum 40 percent evaluation effective February 13, 2019. The claim for TDIU due to orthopedic and neurological impairment associated with his service-connected disability is also granted.

The Veteran's lumbar spine disability is rated at 20 percent from December 29, 2020 to August 1, 2022. The Board has remanded the issue of an initial compensable evaluation for bilateral lower extremity radiculopathy. Effective dates have been granted for service connection for bilateral lower extremity radiculopathy and sleep apnea (OSA), but not for tinnitus.

The Board has granted service connection for residuals of a fourth sacral segment fracture. The Veteran's current right little finger condition is denied.,Service connection for the lumbar spine disability, including degenerative disc disease and foraminal and central stenosis, is not established.

The Board has granted earlier effective dates of September 1, 2010 for the Veteran's service connection for spinal stenosis with degenerative arthritis with intervertebral disc syndrome, lumbosacral strain with intervertebral disc syndrome, and a fracture of the middle/long finger of the left hand.

The Board has determined that additional development is needed to decide the service connection claims for right knee disability and thoracolumbar spine disability. The Veteran's appeal of OSA remains remanded.,Service connection for obstructive sleep apnea (OSA) is being remanded due to a duty to assist error, specifically regarding an inadequate VA examination.

The appeals for service connection and rating have been dismissed due to the Veteran's withdrawal of these claims at his hearing.

The Veteran's appeal is remanded for further development, including rescheduling of VA examinations to determine the current nature and severity of his service-connected lumbosacral spine disability and the nature and etiology of his claimed bilateral hip disability.

The Board denied the appellant's request for attorney fees based on past-due benefits awarded in the January 2023 rating decision, as this decision was an initial decision with respect to a new claim for increased ratings submitted by the Veteran.

The Veteran's lumbosacral strain with paravertebral muscle spasm is rated at 40 percent, and the Board denied a higher rating as there was no evidence of unfavorable ankylosis.

The Veteran's claims for service connection for erectile dysfunction and TDIU are remanded due to the need for additional examinations.

The Veteran's back disability was reduced from a 20 percent rating to a 10 percent rating, effective December 20, 2021. The Board granted restoration of the 20 percent rating and also granted an earlier effective date of December 30, 2020.

The Veteran's appeal is denied as he does not meet the criteria for a special home adaptation grant due to his service-connected disabilities, which do not include anatomical loss or use of both hands or burn injuries.

The Veteran's appeals for increased disability ratings and reduction of disability ratings have been dismissed due to his withdrawal from appeal.

The Board denied service connection for various conditions, including cervical spine disability, ocular migraines, neuropathy of bilateral upper and lower extremities, bilateral shoulder disability, low back disability, and Osgood-Schlatter's disease of the left knee. The Board found no evidence that these conditions were related to active service.

The Board has denied service connection for bilateral hearing loss due to a lack of current diagnosis. The claims for left hip strain, right hip strain, and lumbosacral strain are remanded as the Veteran's current diagnoses have not been addressed.

The Veteran's service-connected back disability did not cause his outer garments to wear out or tear, thus he is denied clothing allowances for 2021 and 2022.