Back / lumbar spine decisions — 2024

The Veteran's claims for earlier effective dates for service connection of degenerative arthritis of the lumbar spine, intervertebral disc syndrome, SI joint dysfunction, sciatic radiculopathy, right lower extremity, and femoral radiculopathy, right lower extremity were denied as they predate the date entitlement arose.,The Veteran's claim for earlier effective dates for service connection of right knee degenerative arthritis limitation of extension was denied as it predated the date entitlement arose.

The Board has granted the Veteran's claim for service connection for a back disability, finding that his current diagnosis is caused by or proximately due to his service-connected right and left knee disabilities.

The Board has granted service connection for lumbosacral strain and right lower extremity radiculopathy with an effective date of December 30, 2020.

The Board has decided to remand the case due to a duty to assist error, specifically regarding the examination report and opinion not discussing evidence from service in 1997 and 1998. The Veteran's lumbar spine disorder is related to his active duty service between 1997 and 1998.

The Veteran's claim for an earlier effective date for TDIU is being remanded due to the need to determine if he meets the criteria for extraschedular consideration.

The Veteran's appeal for higher ratings on several conditions, including lumbosacral strain with intervertebral disc syndrome and right lower extremity radiculopathy, has been remanded. The issues of scar rating have been withdrawn.

The Board has found that the Veteran's lumbar spine disability is not related to service, and thus denied her claim for service connection.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a rating in excess of 20 percent for chronic thoracolumbar strain and IVDS, 30 percent for bilateral hearing loss, or any higher ratings for radiculopathy.

The Veteran's claims for effective dates earlier than May 6, 2021 for service connection were denied as there was no pending formal or informal claim left unadjudicated by VA.

The Board has decided to remand the claim for service connection of a low back disability due to insufficient medical evidence and the need for a VA examination.

The Board denied the Veteran's request for an earlier effective date of October 16, 2019, for a 40 percent rating for his low back disability.

The appeal regarding the timeliness of a May 2023 VA Form 10182 is dismissed as the Veteran's Motion for Extension of Time was granted, making the form timely.

The Board has determined that there were pre-decisional duty to assist errors and remands the claims for a low back disability and an acquired psychiatric disorder.

PTSD, a back condition, and flat feet were not granted service connection prior to October 22, 2008.,The Veteran's claims for these conditions were submitted after the one-year period following separation from active duty.

The appeal for service connection for a broken left tibia is dismissed because the claim has been granted in full with respect to this issue. The low back condition issue is remanded due to an inadequate VA examination.

The Veteran's claims for increased ratings for his lumbar spine and left ankle disabilities have been denied as there is no new and relevant evidence received since the January 2023 rating decision.

The Veteran's service-connected disabilities, including his mood disorder, bilateral lower extremity radiculopathy, and lower back disability, have prevented him from securing and maintaining substantially gainful employment since at least September 2018. The Board has granted a TDIU prior to October 14, 2020.

The Board has remanded the Veteran's claims for service connection due to errors in duty-to-assist, including a need for TERA-specific examinations and an opinion regarding whether his gastrointestinal disability is aggravated by his service-connected left knee disability.

The Board denied service connection for the Veteran's claimed back, left shoulder, bilateral knee and foot disorders (chronic joint pain), and bilateral foot skin disorder. The Board found that these conditions did not onset during active service or are otherwise etiologically related to active service.