Back / lumbar spine decisions — 2024

The Veteran's degenerative disc disease of the cervical spine is found to be secondary to his service-connected lumbar strain, and thus service connection for this condition is granted.

The appeals for left knee injury, lumbar back pain, bilateral burn scars, and sleep apnea have been dismissed. The appeal of post-traumatic stress disorder is remanded.

The Board has denied the Veteran's claims of service connection for a back disability, right knee disability, left knee disability, and psychiatric disability. The evidence did not support the presence of current disabilities or a link to active service.

The Veteran's claims for lumbosacral strain, bilateral lower extremity radiculopathy, right knee strain, and right knee scars were granted effective June 13, 2018.

The Veteran's service-connected conditions, including anxiety disorder, lumbosacral strain, cervical spine, and chronic obstructive pulmonary disease, have rendered him in need of regular aid and attendance. The Board has granted SMC based on this need.

The Board has decided to remand the case due to insufficient information regarding the Veteran's service dates and status during periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). The claim will be reconsidered with this additional information.

The Board has granted service connection for the Veteran's low back disorder, diagnosed as lumbar degenerative arthritis, finding that it is due to military service and resolving all reasonable doubt in favor of the Veteran.

The Veteran's service-connected back disability is rated at 10 percent, and the Board has determined that a higher rating is not warranted based on the current evidence.

The Board has remanded the case due to an inadequate VA opinion regarding whether the Veteran's low back disability is related to his service-connected disabilities. The AOJ must obtain a new medical opinion and readjudicate the claim.

The Board has granted the Veteran's claim for service connection for a back condition, finding that his obesity caused by his service-connected bilateral knee conditions is an intermediary step between his service-connected disability and his current diagnosed back condition. The Board resolved any doubt in favor of the Veteran.

The Veteran's claim for a TDIU is remanded due to potential errors in the decision-making process and the need for additional evidence. The Board finds that there may be relevant SSA records, private treatment records from Dr. E.H., and possibly other records not yet obtained.

The Board has remanded the Veteran's claims for service connection for lower back, left shoulder, and right knee disabilities due to incomplete records and a need for VA TERA examinations. The Veteran is not entitled to a compensable rating for his left ear hearing loss.

The Veteran's service-connected disabilities from July 6, 2021 have rendered him unable to secure or follow a substantially gainful occupation.

The Board has remanded the Veteran's claims for lumbar spine disability and left knee condition due to insufficient information in the VA opinions provided. The claims will be addressed again with additional evidence considered.

The appeal for service connection of a lumbar spine scar is dismissed as moot. The right hip scar and sleep apnea claims are remanded due to the submission of new evidence.

The Veteran's service-connected disabilities cause him to need the regular aid and assistance of another person, qualifying for SMC based on the need for aid and attendance. The issue of entitlement to SMC by reason of housebound status is moot as a result.

The Veteran's service-connected disabilities do not render him unable to secure or follow all forms of substantially gainful employment consistent with his educational background and occupational experience. The Board finds the totality of the evidence more probative than his lay statements in determining that his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected back and leg disabilities, along with his psychiatric condition, make it impossible for him to secure or follow a substantially gainful occupation.

The Veteran's lumbar spine disability was denied increased ratings prior to January 14, 2020 and after that date. The right lower extremity radiculopathy and left lower extremity radiculopathy were also denied increased ratings.

The Board has denied the Veteran's claims for service connection for right arm bicep strain, tinnitus, and degenerative arthritis of the lumbar spine. The evidence does not support a finding that these conditions are related to his military service.