Back / lumbar spine decisions — 2024

The Board has restored the Veteran's service-connected back disability rating from 20% to 40%, effective July 1, 2019.

The Board has remanded the Veteran's claims of service connection for cervical and thoracolumbar spine conditions, as well as a right ankle condition. The claims are being remanded due to deficiencies in the prior VA examinations and lack of adequate medical evidence.

The Board has determined that the AOJ's decision on appeal is flawed due to a lack of adequate examination and opinion addressing all theories of entitlement, including possible secondary service connection for lumbar spondylolysis with intervertebral disc syndrome. The case is therefore remanded for further action.

The Board has determined that the Veteran's lumbosacral strain is related to his military service and grants service connection for this condition.

The Board has decided to remand the case due to insufficient medical opinions and additional development is needed.

The Veteran's PTSD was rated as 100% disabling starting May 20, 2021 and considered permanent. However, her other service-connected conditions did not meet the criteria for a permanent and total disability prior to that date, thus denying an earlier effective date for DEA benefits.

The Board has restored the 30 percent rating for right shoulder degenerative arthritis and denied the restoration of the 40 percent rating for lumbosacral strain with arthritis effective March 23, 2021.

The Board has decided to remand the claims for lumbar spine, right knee, and left knee disabilities due to a lack of VA examinations addressing their etiology.

The Board denied service connection for a low back disability, chronic sinusitis, left knee osteoarthritis, right knee osteoarthritis, and radiculopathy. The Veteran's current diagnoses of arthritis of the back and chronic sinusitis are not related to his military service.,Service connection was denied for left knee osteoarthritis and right knee osteoarthritis due to lack of evidence linking these conditions to service.

The Board has granted service connection for left lower extremity neurological disability, degenerative arthritis, degenerative disc disease, and intervertebral disc syndrome of the lumbosacral spine, and left lower extremity radiculopathy secondary to these conditions. The decision is based on evidence showing current diagnoses and a causal relationship.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected degenerative joint disease of the lumbar spine, finding that the weight gain and obesity resulting from the service-connected condition served as an intermediate step in the development of the current sleep apnea disability.

The Board has granted service connection for degenerative joint disease of the thoracolumbar spine, finding that it was incurred during active duty.

The Board has remanded the Veteran's claims for service connection for right knee and low back conditions due to inadequate VA medical opinions. The claims will be reviewed again with new opinions provided by appropriate clinicians.

The Veteran's appeals for service connection for degenerative arthritis with strain of the lumbosacral spine and sleep apnea with sleep disturbances were dismissed because he did not timely file a VA Form 10182 and good cause was not shown.

The appeal for attorney fees based on the December 2020 rating decision is dismissed as moot because the full amount of withheld fees has been paid.

The Board denied the Veteran's claim for service connection for a lower back disorder, finding no evidence that it is related to service or his service-connected left sciatic nerve involvement associated with post-herpetic pain syndrome.

The Veteran's neck disability was rated at 10 percent prior to May 26, 2015 and denied a higher rating.,The Veteran's neck disability was rated at 20 percent from September 1, 2015 and denied a higher rating.

The Veteran's right shoulder condition is granted a 20% rating, and service connection for his back disability is granted.

The Board has reopened the Veteran's claim for service connection for anemia due to submission of new and relevant evidence. The remaining issues are remanded for further review.

Service connection has been granted for sinusitis, head injury (traumatic brain injury), neck disability, right shoulder disability, left shoulder disability, low back disability, and sleep apnea.,The Veteran's conditions are all found to be related to service.