Back / lumbar spine decisions — 2024

The Veteran's TDIU claim was granted with an effective date of March 1, 2017. The Board found that the evidence did not show a worsening in his service-connected disabilities during the one-year look-back period and thus could not establish entitlement to an earlier effective date.

The Veteran's claim for service connection for a mid/low back condition is being remanded due to new evidence submitted since the previous denial. The Board finds that the preexisting scoliosis and lumbar retrolisthesis may be considered congenital defects, but further clarification on whether they are diseases or defects is needed.

The Veteran's bladder cancer and lumbar spine disability are both granted service connection, with the bladder cancer linked to in-service asbestos exposure and chemical exposures, and the lumbar spine disability resulting from an injury sustained during military service.

The Board found that the severance of service connection for spinal stenosis, low back pain with degenerative disc disease, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity was improper due to conflicting medical opinions. The Veteran's conditions were linked to his service-connected myelodysplastic syndrome (MDS) but also potentially related to exposure to contaminated water at Camp Lejeune.

The Board has denied the Veteran's request for readjudication of his claim for service connection for a left shoulder rotator cuff tear with strain due to lack of new and relevant evidence. The appeal regarding the lumbar spine disability is being remanded.

The Board has decided to remand the case due to insufficient medical evidence on file for VA to make a decision on the claim for service connection for a lower back disability.

The Veteran's initial ratings for cervical and lumbosacral spine intervertebral disc syndrome (IVDS) are being remanded due to a procedural error.

The Board has denied service connection for TBI due to lack of a current diagnosis. The claims for left knee, right knee, cervical strain, lumbosacral strain, right hip strain, and left hip strain are remanded as the VA examiners did not consider all relevant evidence and potential in-service causation.

The Board has denied the Veteran's request for an earlier effective date for the increased evaluation of lumbar spine strain to 40 percent disabling. The claim of service connection for left lower extremity radiculopathy is remanded due to a duty-to-assist error in the June 2021 VA examination.

The Veteran's appeals for a higher rating for lumbosacral arthritis and strain, as well as service connection for a left knee disorder, have been dismissed due to the death of the Veteran. The Board has no jurisdiction to adjudicate these claims because the Veteran died during the pendency of the appeal.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation prior to April 5, 2021. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is also established.

The Board has remanded the claims for an extension of the temporary total evaluation, a rating in excess of 10 percent for lumbar spine DDD, and entitlement to TDIU prior to July 19, 2016. Additional evidence is needed from Dr. McKenzie regarding work restrictions placed on the Veteran during the period October 1, 2013, to December 31, 2013. A VA examination is also required to assess the current severity of the lumbar spine disability and its estimated severity for each period throughout the period on appeal.

The Board has decided to remand the case due to a lack of a VA examination related to the Veteran's claim for service connection for a low back disorder. The Veteran will need to undergo a VA examination to determine if he has any current low back disorders and whether they are related to his military service.

The Board has granted service connection for tinnitus, but the claims for lumbar spine disability, right ankle disability, left ankle disability, right foot disability, and left foot disability are remanded due to a duty to assist error. The claim for OSA is also remanded.

The Veteran's service-connected conditions, including renal cell carcinoma, GERD, and hypertension, have been granted. The effective dates for these grants are August 10, 2022.

The Veteran's lumbar spine arthritis with degenerative disc disease is granted an increased rating of 20 percent effective September 17, 2014. The appeal for a higher rating and TDIU are remanded due to duty-to-assist errors.

The Board denied the appellant's requests for effective dates prior to December 8, 2020, for service connection of an acquired psychiatric disorder, obstructive sleep apnea (OSA), tinnitus, and a lumbar spine disability due to the failure to submit a completed formal claim within one year of the receipt date of his Intent to File form.

The Board has granted service connection for cervical strain with degenerative arthritis, lumbosacral strain, right hip strain, left hip strain, right knee strain, and left wrist sprain. The claim for service connection for obstructive sleep apnea (OSA) is remanded due to a lack of an opinion on whether OSA is aggravated by tinnitus.

The Board has decided to remand the case due to a failure to obtain an initial evaluation and medical opinion on the etiology of the claimed back disability. The appellant's service in the Navy is asserted as the cause, but further examination is needed.

The Veteran's rhinitis is granted as presumptively related to service exposure. Low back pain and neck pain with pinched nerves are denied due to lack of in-service injury or disease. Left shoulder pain and right shoulder pain are remanded for further review.