Back / lumbar spine decisions — 2024

The Board has revised the effective date of service connection for lumbar disc disease and right lower extremity radiculopathy from November 18, 2016 to July 15, 2016.

The Board has granted service connection for OSA as secondary to the Veteran's service-connected fracture of L2-4 with low back pain and radiculitis. The reduction in disability rating for his scars was denied due to insufficient evidence showing that the scars are no longer painful.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has remanded the case due to inadequate VA medical opinions regarding the Veteran's cardiovascular disease and lower back condition. The claim for service connection for these conditions is being returned for further development.

The Veteran's appeal for a higher rating for his DDD of the thoracolumbar spine was denied. His right knee condition, including limitation of motion and symptomatic cartilage removal, is rated at 40 percent.

The Veteran's claim for an increased rating for thoracic vertebrae fracture with lumbosacral strain prior to October 26, 2022 is denied as the medical evidence does not support a higher rating based on flexion between 30 to 60 degrees or a combined range of motion less than 120 degrees.

The Board has granted an effective date of August 1, 2022 for the award of special monthly compensation (SMC) based on the need for aid and attendance due to service-connected disabilities. The Veteran's claim was part of his increased rating claim for bladder cancer and thoracolumbar spine disability.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 30, 2022, finding that it was not factually ascertainable that he became unemployable within one year prior to his formal TDIU claim.

The Veteran's headaches, including migraines, are proximately due to his service-connected PTSD.,The Veteran's right shoulder disability is proximately due to his service-connected left shoulder disability.,There is no evidence of a bilateral foot disability that was incurred in or due to the Veteran's time in service.

The Veteran's claims for service connection for a right knee disability and a back disability are being remanded due to inadequate medical examinations. The AOJ is required to provide the Veteran with VA examinations to determine if his disabilities are related to service, including as due to undiagnosed illness or MUCMI.

The Board has remanded the Veteran's claims for service connection due to a lack of VA examinations and insufficient opinions regarding the etiology of his claimed conditions. The Veteran is required to be provided with VA examinations to determine if his current disabilities are related to his military service.

The Board has denied the appellant's claim for a separate disability rating for his bilateral lower extremity radiculopathy as it is already contemplated by the current rating assigned for his service-connected lumbar spine disability.

The Veteran's claim for service connection for lumbar strain with degenerative arthritis and disc disease was denied in March 2015. The Board found that the earliest effective date allowed under law is May 3, 2016, when the Veteran filed a new claim for his back condition.

The Board has denied service connection for low back and neck/upper back disabilities, finding that the evidence does not support a link between these conditions and military service.

The Board has remanded the Veteran's claims of service connection for a thoracolumbar spine condition and bilateral foot pain due to inadequate medical opinions and incomplete service records.

The Veteran's appeal for earlier effective date of tinnitus, service connection for myasthenia gravis, and a back condition is granted. The case is remanded to rate the newly service-connected conditions and consider entitlement to TDIU.

The Veteran's entitlement to service connection for obstructive sleep apnea as secondary to his service-connected residuals of pneumonia, including bronchitis and restriction, is granted.,The Veteran's entitlement to service connection for a heart disability as secondary to his service-connected obstructive sleep apnea is granted.

The Board has granted service connection for right knee degenerative joint disease, lumbar strain, and depression. The Board found that it is at least as likely as not that these conditions were caused by the Veteran's service.

The Board has remanded the Veteran's claims for cervical kyphosis with spondylolisthesis and lumbar scoliosis due to a duty to assist error. The Veteran is not competent to provide an etiology opinion, and VA must obtain a medical opinion addressing the theory of secondary service connection.

The Board has determined that the Veteran's back disorder is related to her service, and therefore grants her claim for service connection.