Back / lumbar spine decisions — 2024

The Board has remanded the issues of entitlement to an earlier effective date for TDIU and Dependents' Educational Assistance due to a pre-decisional error in the March 2021 rating decision.

The Board has granted service connection for right knee, left knee, back, right foot, and left foot conditions based on the Veteran's active-duty service.

The Board has remanded the case due to inadequate etiology opinions and a new theory of causation raised by the Veteran's representative.

The Board has decided to remand the Veteran's claim for a cervical spine disability, as it found that there was a pre-decisional duty to assist error due to an inadequate VA examination. The case will be returned to the AOJ for further action.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's representative withdrew the appeal for service connection of chronic low back pain, citing a mistake in submission.

The Board has remanded the claims for service connection of a lower back condition and a right knee condition due to the lack of VA examinations, which were necessary given the Veteran's lay statements and unobtainable service treatment records.

The Board has dismissed all claims for increased ratings and earlier effective dates related to the Veteran's spinal conditions, sciatic radiculopathy, and scar. The appeal is dismissed due to the Veteran's death.

The Veteran's lower back condition is granted as service connected. The Veteran's sleep apnea (OSA) and right foot condition including Morton's neuroma are remanded for further evaluation.

The Board has remanded the Veteran's claim of service connection for obstructive sleep apnea (OSA) due to his service-connected orthopedic disabilities, including left knee limitation of motion, low back strain with degenerative joint disease and degenerative arthritis, right shoulder tendonitis, left knee degenerative joint disease, and raticulopathy left lower extremity. The AOJ must obtain an addendum opinion addressing whether the Veteran's obesity caused or aggravated his service-connected orthopedic disabilities, which in turn caused or aggravated his OSA.

The Veteran's appeal for service connection has been dismissed as he withdrew his appeal prior to the Board making a decision.

The Board has remanded the Veteran's claims for an increased rating for his lumbar spine disability and left lower extremity radiculopathy due to pre-decisional duty to assist errors. The VA examinations and medical opinions were not adequate, and a new examination is required.

The Veteran's service-connected conditions caused him to become obese, which was a substantial factor in causing his obstructive sleep apnea. The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected chronic lumbar strain including status post discectomy residuals with IVDS, bilateral calcaneal heel spur, bilateral achilles tendonitis, and bilateral knee strain with history of patellofemoral syndrome.

The Board has granted service connection for chronic low back pain and TDIU based on the Veteran's service-connected PTSD. The decision also acknowledges that her other conditions, including chronic low back pain, have impacted her ability to work.

The Veteran's effective date for adding her child, M.J., to her VA disability compensation award is granted as April [REDACTED], 2020. This decision is based on the birth of her daughter within one year and the continuation of her existing disability ratings.

The Board has granted the Veteran's claim for service connection for a thoracolumbar spine disorder, finding that his current condition is at least as likely as not related to his in-service low back complaints and treatment.

The Veteran's lumbar spine disability is rated at 20 percent, but the Board finds that a higher rating is not warranted due to limited range of motion and pain.,A separate 10 percent rating for right lower extremity radiating pain is granted.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for service-connected back conditions, left lower extremity radiculopathy, and right lower extremity radiculopathy. The effective date for the award of service connection for left lower extremity radiculopathy is also being remanded.

The Veteran's appeal for an increased rating for intervertebral disc syndrome (IVDS) and degenerative disc disease of the lumbar spine was denied. The earlier effective dates for radiculopathy of the left lower extremity and right lower extremity were granted.

The Board denied the Veteran's claims for annual clothing allowances for a back brace, left ankle brace, and left knee brace in 2021 due to insufficient evidence of damage to clothing. The claim for menthol camphor gel topical medication was also denied as it did not meet the criteria for a clothing allowance.