Back / lumbar spine decisions — 2024

The Board has dismissed the claim of service connection for right knee pain secondary to a service-connected left knee disability, as no appeal was filed within one year of the April 2009 rating decision. The low back disability claim is remanded due to a duty-to-assist error.

The Veteran's service-connected disabilities, including coronary artery disease, obstructive sleep apnea, lumbar spine degenerative arthritis, and tinea corporis, have rendered him unemployable. The Board has granted a total disability rating due to individual unemployability (TDIU) based on the combined schedular evaluation of his service-connected conditions.

The Veteran's evaluation for degenerative arthritis of the thoracolumbar spine was improperly reduced. The Board has restored the original 40 percent rating effective December 1, 2021.

The Board has remanded the claims of service connection for bilateral hearing loss, tinnitus, PTSD, and degenerative joint disease of the thoracolumbar spine due to insufficient medical opinions regarding their etiology.

The Board has determined that the Veteran does not have a current back disability related to service, and therefore denied his claim for service connection. The right and left knee disabilities are remanded due to a failure to provide a VA examination.

The Veteran's appeal for compensation under 38 U.S.C. § 1151 for a lumbar/cervical disorder and salivary duct stones is remanded due to the need for further examination to determine causation.

The Board has decided to remand the case due to a failure to provide an adequate opinion regarding the Veteran's lower back disability. The claim will be reviewed again with additional medical examination.

The Board found that the Veteran is not precluded from substantially gainful employment due to his service-connected disabilities and denied the claim for a TDIU rating.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's service-connected low back disability aggravates his non-service-connected obstructive sleep apnea. The claim will be further evaluated with a new examination.

The Board has remanded the claims for service connection for various ankle and knee conditions secondary to service-connected bilateral flat feet due to duty-to-assist errors and inadequate medical opinions.

The Board has granted service connection for lumbar spine degenerative disc disease, finding that it is due to the Veteran's service-connected cold weather injuries of the bilateral feet.

The Veteran's claims for service connection have been granted for the right shoulder disorder. The claims for lumbar spine, left hip, and left lower extremity radiculopathy were denied due to lack of new and relevant evidence.

The Board has dismissed the Veteran's claims for service connection for low back and right hip disabilities, as these claims were previously denied in a final decision.

The Veteran's claims for service connection for GERD and a low back disorder have been readjudicated. Service connection for GERD has been granted, but the claim for a low back disorder is remanded due to insufficient evidence.

The Veteran's claim for a higher rating for his back disability from December 10, 2012 to April 14, 2021 was denied. For the period from December 3, 2021 to April 14, 2021, he received a 40 percent rating.

The Veteran's claim for a higher rating for lumbar spine strain with degenerative changes at T12-L1 is being remanded due to the inadequacy of the October 2021 VA examination, which did not provide information regarding functional limits during flare-ups and failed to consider the Veteran's reports of radiculopathy. The Board will schedule a new examination to address these issues.

The Board has granted service connection for a lumbosacral strain and right shoulder strain and tendinopathy, both determined to be incurred during periods of active duty training (ACDUTRA).,While the Veteran's STRs do not document his injuries, he provided credible testimony about the nature of his injuries. The VA medical opinions support the finding that these conditions are related to his in-service activities.

The Board has determined that new and relevant evidence has been received sufficient to readjudicate the claims of entitlement to service connection for back and neck conditions. The Veteran's claims are being remanded due to a failure to provide a VA medical examination for his claimed back and neck conditions.

The Board has dismissed the appeals for initial compensable ratings and service connection for IBS, back disability, bilateral foot disability, fibromyalgia, and gastroesophageal reflux disease (GERD).

The Veteran's back disability and neck disability were denied increased ratings.,A separate 10 percent rating was granted for left knee limitation of flexion.