Back / lumbar spine decisions — 2024

The Board has granted service connection for a bilateral knee disability, low back disability, and bilateral lower extremity radiculopathy (secondary to the low back disability). The decision is based on the Veteran's lay testimony regarding the onset of his symptoms during active service.

The Veteran's claim for an evaluation in excess of 40 percent for IVDS with osteoarthritis of the lumbar spine was denied. The Board found that his disability did not meet or approximate the criteria for a higher rating based on forward flexion to 30 degrees or less, unfavorable ankylosis, or incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The Veteran's 20 percent rating for lumbosacral strain with left piriformis syndrome (lumbar spine disability) is restored effective April 23, 2019. The claim of entitlement to an increased rating for the lumbar spine disability is remanded.

The Board denied the Veteran's claims for service connection for right shoulder, left shoulder, back, bilateral hip, and neck disabilities due to a lack of evidence linking these conditions to his military service.,There is no current diagnosis or functional impairment documented for any of the claimed conditions.

The Board has dismissed all pending claims due to the appellant's withdrawal of his appeals for increased disability ratings in multiple service-connected conditions.

The Board has remanded the claim for service connection for lumbosacral strain with intervertebral disc syndrome (claimed as back injury) due to a lack of an adequate rationale in the November 2020 VA medical opinion and a potential duty to assist error.

The Board has remanded the case to the Director of Compensation Service for consideration of an extra-schedular TDIU from April 1, 2007, to December 1, 2016. The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment during this period.

The Board has decided to remand the Veteran's claims for service connection due to a failure to provide notice of his right to a hearing prior to an initial decision. The AOJ is instructed to provide such notice and readjudicate the claims based on the record.

The Veteran's claim for an earlier effective date for service connection of a low back condition is denied as the earliest effective date that may be awarded is February 2, 2020.

The Board has remanded the claim of service connection for spondylolisthesis of the spine, to include lumbar spondylolisthesis, due to insufficient medical opinion regarding its etiology.

The Veteran's bilateral hearing loss disability and lumbosacral strain with degenerative arthritis and intervertebral disc syndrome (lumbar spine disability) have been granted service connection. The Veteran's PTSD has also been granted service connection, but the hypertension secondary to PTSD and diabetes mellitus remain pending issues.

The Board has decided to remand the case due to inadequate medical opinions regarding the etiology of the Veteran's back disability and its relationship to service or a service-connected condition. The claim will be reconsidered with new evidence.

The Board granted service connection for the Veteran's low back disability, right knee disability, and left lower extremity radiculopathy with effective dates of January 30, 2009.,The Veteran's LLE radiculopathy was associated with his service-connected low back disability.

Your appeal has been dismissed because your Notice of Disagreement was filed after the first one and resulted in a second docket assignment while the Board is addressing the appeal from the determination with which you disagreed under a different and contemporaneous docket.

The Board has granted service connection for lumbosacral spine arthritis (low back condition) and neurogenic bladder disorder, both secondary to the Veteran's service-connected right ankle.

The Board has found new and relevant evidence that the Veteran has a diagnosed low back disability, which may be related to service. The claim is remanded for further examination.

The Veteran's initial compensable rating for left lower extremity radiculopathy is denied prior to May 24, 2019. The appeal period from May 24, 2019, results in a remanded case as the current 10 percent evaluation does not reflect moderate incomplete paralysis.,The Veteran's initial rating for degenerative arthritis of the thoracolumbar spine is also remanded due to procedural errors and the need for an updated VA examination.

The Board has decided that service connection for a chronic low back disorder is denied. The claim for obstructive sleep apnea (OSA) is remanded due to the need for a VA examination and opinion.

The Veteran's back condition is at least as likely as not related to his active-duty service, and the Board has granted service connection for this disability.

The Board has remanded the claim for service connection of chronic back disability due to a duty-to-assist error in the October 2003 VA examination. The Veteran's claim is pending and will be reconsidered with an updated medical opinion addressing causation and aggravation.