Back / lumbar spine decisions — 2024

The Board has determined that there were pre-decisional duty to assist errors and the claims are remanded for further development.

The Veteran's appeals for increased ratings for lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy have been dismissed due to procedural defects in the initial rating decision process.

The Veteran's right lower extremity radiculopathy was granted a 20% disability rating, effective since April 11, 2016. The other issues were denied.

The Board has remanded the claims of service connection for left and right lower extremity varicose veins, as well as a low back disability, all secondary to service-connected PTSD. The Veteran's obesity is also being evaluated in relation to these conditions.

The Board has dismissed the claims of service connection for left shoulder degenerative joint disease, left knee degenerative arthritis, and thoracolumbar spine degenerative arthritis due to the Veteran's death.

The Veteran's service connection claims for degenerative arthritis of the lumbar and thoracic spine, osteoarthritis of the left hip, and osteoarthritis of the right hip have all been granted due to chronic disease presumptive service connection.

The Board has denied service connection for a back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy due to the lack of evidence showing an in-service injury or disease that is related to these conditions.

The Veteran's service-connected disabilities do not render him so helpless as to need regular aid and attendance for the period of time on appeal.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied. The current rating of 40 percent is maintained as the evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's appeal is remanded for a VA psychiatric examination to determine the severity of his service-connected PTSD. The TDIU and Dependents' Education Assistance claims are also being remanded.

The Veteran's service connection claims for Traumatic Brain Injury, Cervical Spine Disability, and Back Disability have been denied. The Board found no evidence of a current disability in any of these conditions.,For the Traumatic Brain Injury claim, there is no evidence of a current diagnosis or treatment related to this condition during the appeal period.

The Veteran's disability rating for lumbosacral strain with IVDS was reduced from 40 percent to 20 percent, effective August 19, 2019. The Board has now reinstated the original 40 percent rating and granted entitlement to TDIU.

The Veteran's psoriasis and rheumatoid arthritis are remanded for further development, including obtaining medical nexus opinions regarding the relationship to service and toxic exposure.

The Board denied service connection for a low back condition, finding that the Veteran's pre-existing condition was not aggravated by his military service.,The Board also denied service connection for a right shoulder condition, concluding that there is no medical evidence linking the current diagnosis to his military service.

The Board has granted service connection for degenerative joint disease of the lumbar spine, right hip, left knee, and right knee. The Veteran's current disabilities are related to his military service.

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

The Veteran's service-connected lumbar spine disability is rated at 20 percent, and the Board has denied a higher rating. The TDIU claim was also denied.

The Veteran's appeal is remanded for additional examinations and opinions regarding his claimed chronic fatigue syndrome, fibromyalgia, low back disorder, neck condition, and service connection.

The Veteran's lumbar spine disability is rated at 40 percent, and his right and left lower extremity sciatic radiculopathy are each rated at 20 percent. These ratings have been granted.

The Board has granted service connection for lumbar spine degenerative disc disease as secondary to bilateral pes planus with arthritis, finding that the evidence is at least in equipoise and granting the benefit of doubt to the Veteran.