Back / lumbar spine decisions — 2024

The Veteran's claims for earlier effective dates for service connection are being remanded due to the need for further development and consideration of evidence.

The Veteran's claims for earlier effective dates for service connection are being remanded due to the need for additional development and consideration of evidence.

The Veteran's appeal for TDIU is dismissed as there was no justiciable case or controversy. The claim of service connection for gastritis is remanded due to a failure to satisfy the duty to assist.

The Veteran's claim for right knee total replacement, migraine headaches, internal derangement of the right ankle, major depressive disorder, degenerative arthritis with IVDS and strain in the lumbar spine, sciatic radiculopathy in both lower extremities, left knee meniscectomy residuals, and left knee instability was denied. The effective date for the grant of service connection is set at June 14, 2014.

The Veteran withdrew her appeals of the issues related to hypertension, hysterectomy residuals, and a low back condition before the Board could make a decision.

The Veteran's claim for an effective date of July 22, 2020 for service connection for a low back disability is granted. The effective date cannot be earlier than this date as it was the date the Veteran submitted his completed Supplemental Claim Application.

The Board has determined that the Veteran's current back disorders, scoliosis, and degenerative disc disease are not etiologically related to his service. As such, the claim for service connection is denied.

The Board has determined that there are duty to assist errors in the rating decisions on appeal for hearing loss, tinnitus, neck disability, back disability, and sleep disability. The issues of service connection for these conditions will be remanded for further development.

The Board has remanded the claim of service connection for a back disability due to inadequate examination and opinion regarding the etiology of the Veteran's claimed condition.

The Board has denied service connection for traumatic brain injury residuals and obstructive sleep apnea, but has remanded the claim for lumbosacral strain due to insufficient evidence.

The Board denied service connection for depression, left foot cold injury residuals, right foot cold injury residuals, lower back condition, and neck condition as secondary to a low back condition due to lack of evidence linking these conditions to service.

The Veteran's appeal challenging recoupment of disability severance pay is dismissed as moot due to the AOJ acknowledging that his disability was combat-related and thus exempt from recoupment.

The Veteran's claim for service connection for COPD was denied, but the decision to grant service connection for lumbar spine degenerative disc disease is upheld. The heart disability issue has been remanded.

The Veteran's appeals for increased ratings and service connection have been dismissed. The Board has also remanded the claims for chronic kidney disease and an increased rating for chronic epididymo-orchitis.

The Board has remanded the case due to pre-decisional duty to assist errors and a need for an adequate medical opinion regarding the nature and likely etiology of the Veteran's back condition.

The Board has found that the VA medical opinions are inadequate and remands the case for additional examinations to address the etiology of the Veteran's claimed conditions, including L5-S1 and C3-C7 degenerative disc disease, lumbar scoliosis, lumbar spondylosis/osteoarthritis, and spinal cord impingement.

The Veteran's lumbosacral, cervical, right shoulder, and left shoulder strains have been granted service connection.,Further evaluations are needed to determine the nature of any arm disabilities.

The Veteran's service-connected disabilities have rendered him unemployable since October 26, 2018. An effective date of this day is granted for the award of TDIU.

The Veteran's TDIU claim is a continuation of her increased rating claim for back disability, which was granted on November 20, 2015. The Board finds that the evidence shows she has been unable to work due to her service-connected disabilities since then.