Back / lumbar spine decisions — 2024

The Board has remanded the Veteran's claims due to insufficient evidence and instructions not being followed. The issues of service connection for various conditions are now pending.

The Veteran's claims for service connection have been denied. The Board found that the earliest possible effective dates for the grants of service connection are May 31, 2017 (for lumbosacral strain and right knee strain and patellofemoral pain syndrome) and January 16, 2019 (for allergic rhinitis). The claims for bilateral lower extremity radiculopathy, irritable bowel syndrome, bronchitis, and a left ankle condition are remanded.

The Veteran's cervical spondylosis, degenerative changes/spondylosis of the lumbar region, osteoarthritis of the left knee, and osteoarthritis of the right knee were denied service connection as there was no evidence linking these conditions to his military service.

The Board has granted service connection for degenerative disc disease, spinal stenosis, and IVDS of the cervical spine, lumbosacral strain, and thoracic scoliosis. The Veteran's current disabilities are found to be related to his active duty service.

The Veteran's claim for TDIU is being remanded due to the submission of new evidence that may affect his eligibility. The AOJ needs to verify his employment history and provide him with a TDIU application form.

The Board has remanded both the low back pain and PTSD claims due to a duty to assist error in prior decisions. The Veteran's claim for PTSD is recharacterized to include all psychiatric disorders reasonably raised by the record, while his low back pain claim requires further examination and opinion.

Effective dates of April 8, 2003, for service connection were granted for degenerative arthritis, intervertebral disc syndrome, and spinal stenosis of the thoracolumbar spine; radiculopathy of the sciatic nerve of the left lower extremity; radiculopathy of the sciatic nerve of the right lower extremity; radiculopathy of the femoral nerve of the left lower extremity; radiculopathy of the femoral nerve of the right lower extremity. Effective date of May 17, 2012, for service connection was granted for a traumatic brain injury with posttraumatic headaches. An effective date prior to February 8, 2016, for urinary incontinence was denied.,An earlier effective date of April 8, 2003, is granted for the awards of service connection for disabilities of the thoracolumbar spine and radiculopathy of the bilateral lower extremities. An effective date of May 17, 2012, is granted for the award of service connection for posttraumatic headaches due to traumatic brain injury. No earlier effective date is granted for urinary incontinence.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, leading to the grant of TDIU.

The Veteran's appeals for increased ratings and a separate rating for his service-connected conditions have been dismissed due to procedural issues.,The Veteran's appeal for an earlier effective date for Dependents' Educational Assistance (DEA) benefits has also been dismissed.

The Veteran's claim for service connection for disc herniation at L4-5, status post laminotomy, foraminotomy, and discectomy, lumbar spine is being remanded due to the need for clarification on which low back condition was considered for service connection and a new medical opinion regarding whether the condition is related to his service-connected bilateral knee conditions.

The Veteran's claim for service connection for a low back disorder is granted, and the appeal is remanded to determine if TDIU should be granted. The Veteran previously had his claim denied in March 1988 but has now submitted new evidence that raises a reasonable possibility of substantiating his claim.

The Board has remanded the Veteran's claims for service connection for a lower back condition and a left leg condition due to insufficient development of his National Guard service records, including ACDUTRA and INACDUTRA. The Veteran is also required to undergo VA examinations to determine the nature and etiology of these conditions.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for lumbar degenerative disc disease and strain, as well as service connection for a left knee disability. The evidence does not support a higher evaluation under the applicable criteria.

The Board has remanded the Veteran's claims for additional development due to incomplete records and potential exposure verification issues.

The Board has granted service connection for lumbosacral strain and cervical strain, finding that the Veteran's current conditions are related to his active service. The claim of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

The Veteran's right and left ankle disabilities are granted as service connected. The lumbar spine disability is remanded for further review.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy render him so helpless as to need regular aid and attendance, warranting special monthly compensation (SMC) based on the need for regular aid and attendance.

The Veteran's lumbar spine disability is currently rated at 20 percent, which is the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine. The claims for higher ratings for right lower extremity radiculopathy and left lower extremity radiculopathy are also denied.

The Board has granted service connection for a low back condition, finding that the Veteran's lay reports support the persistence of symptoms since service.

The Veteran's hypertension is not service-connected and does not warrant a compensable rating.,His right and left lower extremity radiculopathies are not secondary to his low back disability, as he is not currently service-connected for the condition.,His anxiety disorder is also not secondary to his low back disability or associated radiculopathy.,The Veteran's low back disability (claimed as stenosis) and PTSD claims are being remanded due to duty-to-assist errors.