Back / lumbar spine decisions — 2024

The Veteran's appeals for service connection for bilateral hearing loss, obstructive sleep apnea, and traumatic brain injury have been dismissed.,The Veteran's appeals for service connection for lumbosacral spine disability, right arm/shoulder disability, and headache (including tension and migraine) are being remanded.

The Board has granted service connection for migraines and lumbar strain, effective from May 12, 2011, the day following the Veteran's separation from active duty.

The Veteran's lumbosacral strain has been granted an initial rating of 20 percent, effective June 25, 2015. The condition is rated under the General Rating Formula for Diseases and Injuries of the Spine due to its impact on forward flexion.

The Veteran's claim for a compensable rating based on multiple, noncompensable service connected disabilities prior to August 26, 2021 is granted. The Board has also remanded the issue of service connection for a lumbar spine disorder.

The Veteran's claim for an increased rating for costochondritis is denied as his condition does not meet the criteria for a 100% rating.,The Veteran's claim for an increased rating for back disability prior to December 5, 2019 and thereafter is denied. The Board finds that the evidence does not show impairment warranting a higher rating under any applicable diagnostic code.,The Veteran's claims for initial ratings of 20% for right lower extremity radiculopathy and left lower extremity radiculopathy are denied as there is no evidence of incapacitating episodes or other factors warranting such a rating.,The Veteran's claim for an earlier effective date for the award of service connection for right lower extremity radiculopathy is denied. The Board finds that the evidence does not show entitlement to an earlier effective date under any applicable law and regulations.

The Board has remanded the Veteran's claims for HIV, diabetes mellitus, type II, a heart condition, a kidney condition, a back disability, and bilateral hip disability due to inadequate development under the Appeals Modernization Act (AMA) and potential need for compliance with the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 (PACT Act).

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, right shoulder condition, lower back condition, bilateral ankle condition, and bilateral plantar fasciitis. The evidence did not meet the minimum requirements to trigger VA's duty to assist in these cases.

The Board has determined that additional evidence is needed to determine the appropriate ratings for various disabilities, including right and left foot hallux valgus, cervical spine disability, knee disabilities, ankle disabilities, heart disease, and bilateral insertional tendonitis. The claims are being remanded to obtain necessary examinations and evaluations.

The Veteran's appeal for service connection of a low back disability has been dismissed due to the death of the appellant.

The Board has remanded the claim for a VA examiner to provide an opinion on whether the Veteran's service-connected left knee and foot disabilities caused or aggravated his low back disability, including thoracolumbar arthritis and right hemilaminectomy.

Service connection is granted for deviated septum, back disability (lumbosacral strain and degenerative arthritis), left elbow lateral epicondylitis, left wrist tendonitis, psychiatric disorder (anxiety disorder), non-allergic rhinitis, enlarged tonsils, anemia, and disability manifested by widespread muscle and joint pain.,Service connection is denied for tinnitus.

The Veteran's appeal for increased evaluations of his acquired psychiatric disorder, right knee tendinitis with degenerative arthritis, and other conditions has been withdrawn. The VA is remanding the claims for service connection for various conditions due to toxic exposure risk activity (TERA).,The VA is remanding the claims for service connection for a back condition, headaches, right shoulder condition, left shoulder condition, bilateral leg condition, functional dysphagia, and chronic fatigue syndrome.

The Veteran's claims for service connection for degenerative disc disease, PTSD, and TBI are being remanded due to the need for additional development regarding the incident at Fort Campbell in June 2006.

The Board has dismissed the Veteran's request to appeal the proposal to reduce his disability rating for lumbar degenerative disc disease because the AOJ had not yet issued a decision finalizing the reduction.

The Veteran's lumbosacral strain with DDD is granted a disability rating of 40 percent, effective July 8, 2016.,Service connection for left and right sciatic nerve radiculopathy is denied prior to September 28, 2017.,Service connection for depressive disorder is granted from May 10, 2016.

The Board denied a rating in excess of 20 percent for the Veteran's lumbar spine L1 minimal wedging, finding that his disability does not meet or approximate the criteria for a higher rating based on limitation of motion.

The Veteran's service-connected lumbar spine disability necessitates his need for regular aid and assistance of another individual to assist in bathing, preparing meals, tending to hygiene needs, and managing medication. The Board has granted special monthly compensation based on the need for aid and attendance due to this condition.

The Board has decided to remand the cases for further development due to duty-to-assist errors. The low back disability claim is also being remanded as there are issues with obtaining relevant medical records and an addendum opinion from a VA examiner.

The Veteran's claim for service connection for a lumbar spine disability was granted with an effective date of September 13, 2019. The decision is based on the submission of a proper VA Form 21-526EZ within one year of the initial denial in July 1986.

The Veteran's claim for an earlier effective date of March 1, 2020, but no earlier, for the 40 percent increased evaluation of lumbar degenerative arthritis is granted. The earliest effective date assignable is the date the Veteran submitted his intent to file form on March 1, 2020.