Back / lumbar spine decisions — 2024

The Veteran's appeal for service connection of a chronic disability of the thoracolumbar spine, including strain, degenerative disc disease, stenosis, arthritis, and postoperative fusion, has been dismissed due to the Veteran's death.

The Board has decided to remand the case for further review on the merits of the service connection claim for back condition, as new evidence was submitted after the last denial.

The Board has granted service connection for lumbosacral strain, finding that the current condition is related to an in-service injury.

The Board denied the Veteran's claims for service connection for lumbosacral strain with degenerative arthritis and retrolisthesis, finding that there was no evidence of a nexus between his current condition and active service.,The Board also denied the Veteran's claim for service connection for an acquired psychiatric disorder, to include unspecified anxiety disorder, concluding that there was no causal relationship between his current mental health condition and active service.

The Board has determined that the January 2021 decision on appeal is remanded due to a duty-to-assist error, specifically regarding the adequacy of the medical opinion provided by the VA examiner. The Veteran's claim for service connection for migraine headaches, as secondary to his service-connected cervical strain and related conditions, requires further clarification from an appropriate medical professional.

The Veteran's low back disability is granted as service connected. The neck condition issue is remanded for further examination and opinion.

The Board has granted service connection for a bilateral shoulder disability, patellofemoral pain syndrome of the bilateral knees, cervical strain, and lumbosacral strain, finding that these conditions are related to active service.

The Board denied the Veteran's claim for service connection for a thoracolumbar (back) disorder, finding that there is no evidence of a relationship between his current back condition and his military service.

The Veteran's claims for increased ratings for lumbar spine degenerative disk disease, left lower extremity radiculopathy, and right lower extremity radiculopathy were denied. The VA determined that the Veteran's conditions did not warrant a rating in excess of 20 percent for his lumbar spine condition or any initial rating above 10 percent for either lower extremity radiculopathy.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected back disability, with obesity serving as an intermediate step. The decision is based on a private medical opinion that found the Veteran's sleep apnea was caused by his obesity, which in turn was caused by his service-connected back disability.

The Veteran's claim for an earlier effective date for TDIU and a higher rating for his back disability is denied. The Board found that the Veteran maintained substantially gainful employment until he stopped working in March 2020, which supports the current effective date of June 19, 2020.

The Veteran withdrew his appeal before the Board could make a decision on his claim for an increased rating for lumbosacral strain with degenerative arthritis.

The Veteran's low back disability is now rated at 40 percent effective January 29, 2019. The left lower extremity sciatic radulopathy remains rated at 10 percent.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the claim of service connection for a right knee disorder. The claims of service connection for fibromyalgia, sciatica, lower back disability, left hip disorder, and right hip disorder are also remanded.

The Veteran's ratings for chronic lumbosacral strain and painful scar were restored to their previous levels from November 4, 2019, to December 31, 2020.

The Board has remanded the Veteran's claims for service connection for back condition, left lower extremity radiculopathy, and right lower extremity radiculopathy due to incomplete records and inadequate examination.

The Board has decided to remand the case due to insufficient medical opinion regarding the relationship between the Veteran's current lumbar spine disorder and an in-service jet ski accident. The Veteran will need a new examination to assess this issue.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and potential toxic exposure. The claims will be reviewed with consideration of any TERA at Fort McClellan.

The Board has determined that the Veteran's claims for service connection for bilateral hearing loss, wrist disability, lower back disability, shin splints, foot disability (including tinea pedis), and hip disability are remanded due to inadequate VA examinations. The Veteran is presumed competent to report his symptoms and continuity of symptoms since service.

The Board has dismissed the appeals for service connection for various conditions due to the Veteran's death during the appeal process.