Back / lumbar spine decisions — 2024

The Veteran's lumbar spine disability is currently rated at 20 percent, effective from August 6, 2019.,Right lower extremity radiculopathy is currently rated at 20 percent.

The Veteran's claims for increased ratings and earlier effective dates were denied. The cervical spine disability was rated at 30 percent, the left upper extremity radiculopathy at 20 percent, the lumbar spine disability with IVDS at 20 percent, and the right lower extremity radiculopathy from June 3, 2022, at 20 percent. The Veteran's TDIU and DEA benefits were granted earlier.

The Board has remanded the Veteran's claims for service connection for neck, right hip, and low back disabilities due to a duty to assist error. The Veteran must undergo VA examinations to determine if her current conditions are related to her active duty service or any service-connected disabilities.

The Veteran's TDIU was granted effective January 27, 2021. The Board found that the Veteran met the schedular criteria for a TDIU and his last day of full-time employment was November 19, 2020.

The Veteran's claim for an earlier effective date for the award of a TDIU is being remanded due to the need for extraschedular consideration.,The Veteran's claim for an earlier effective date for the award of Dependents' Educational Assistance (DEA) pursuant to 38 U.S.C. Chapter 35 is also being remanded.

The Board has remanded the claims of entitlement to service connection for a back disability, right shoulder disability, left shoulder disability, and chronic sinusitis due to duty-to-assist errors. The Veteran's hemorrhoids claim is denied.

The Veteran's claim for TDIU and DEA benefits prior to December 7, 2020 is denied as there was no formal or informal claim received prior to that date. The effective dates for the TDIU and DEA benefits are both set at December 7, 2020.

The Veteran's claim for an initial rating in excess of 10 percent prior to February 7, 2020, and 20 percent therefrom for service-connected lumbar spine disability is dismissed due to a claims processing defect. The issue remains pending under VA's legacy appeals system.

The Board denied the Veteran's claims for service connection for hyperhidrosis, hemorrhoids, erectile dysfunction, bilateral knee disability (patellofemoral pain syndrome), and back disability (muscle spasms of thoracolumbar spine) as there was no evidence of a current disability in any of these conditions. The Board found that the Veteran did not have a diagnosed condition for hyperhidrosis or hemorrhoids, and his erectile dysfunction claim lacked a diagnosis.

The Board has granted service connection for the Veteran's lumbar spine disability and has remanded the issue of service connection for his cervical spine disability due to a duty to assist error.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the claim for service connection for a low back disability. The Veteran's lay statements indicate she experienced back pain during active duty, which may be related to her current condition.

The Board has decided to remand the Veteran's claims for service connection for low back disability, bilateral hearing loss, and tinnitus due to a lack of STRs. The AOJ is required to request these records from the Department of Defense/DPRIS and schedule the Veteran for VA examinations to determine the nature and etiology of his claimed disabilities.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran incurred an additional disability as a result of his May 2018 VA cervical fusion surgery. The case will be returned for further evaluation and consideration.

The Board has decided to remand all four issues related to service connection for the Veteran's claimed conditions. The claims will be reconsidered with additional examinations and opinions.

The Veteran's claims for effective dates prior to February 23, 2018, and for TDIU and DEA were denied. The rating reductions for LUE and RLE radiculopathy were granted.

The appeal for service connection for heart disability is dismissed as the Veteran's claim was granted in a prior rating decision. The lumbar spine disability appeal is remanded.

The Board has denied the Veteran's claims for service connection for left ankle and back disabilities, finding that there is no current disability for VA compensation purposes.

The Veteran's hypertension, lumbosacral spine degenerative disc disease with intervertebral disc syndrome and vertebral fracture, explosive diarrhea, benign prostatic hypertrophy, and hydrocele repair during right spermatocele resection were all granted service connection. However, the initial rating for lumbosacral spine degenerative disc disease with intervertebral disc syndrome and vertebral fracture was denied.

The Veteran's appeals for increased ratings and service connection have been dismissed due to procedural defects.,These issues include claims for various conditions such as arthritis, anxiety and depression, and tumors.

The Veteran's claims for bilateral tinnitus, right hip condition, and low back condition have been granted. The claim for respiratory condition is remanded due to insufficient evidence, and the claim for chronic fatigue syndrome (CFS) is also remanded.