Back / lumbar spine decisions — 2024

The Veteran's appeal for service connection for a low back condition has been dismissed due to the Veteran's request for withdrawal of the appeal.

The Board has granted service connection for the Veteran's back disability, bilateral pes planus, and bilateral plantar fasciitis. The claim for a neck disability is remanded due to inadequate rationale in the prior VA examination.

The Veteran's appeal for an initial rating in excess of 20 percent for lumbosacral strain was dismissed. The Board also remanded the issues regarding service connection for obstructive sleep apnea and bilateral foot disabilities other than pes planus.

The Veteran's lumbar spine disability is rated at 20 percent, and the right and left knee PFS disabilities are each rated at 10 percent. The appeal for a higher rating for the lumbar spine disability is denied.,The appeals for service connection for obstructive sleep apnea, TDIU, and a sleep disorder are granted and remanded respectively.

The Veteran's motion to revise the August 2018 rating decision regarding effective dates and disability ratings was dismissed because the decision had not yet become final at the time of the CUE motion.

The Board has granted an effective date of April 30, 2020 for the award of a 20 percent evaluation for lumbar spine strain with degenerative arthritis.

The Board has remanded the claim for an evaluation higher than 20 percent for a lumbosacral strain with degenerative disease due to inadequate examination findings and failure to comply with Correia v. McDonald, 28 Vet. App. 158 (2016).

The Board has granted service connection for obstructive sleep apnea, degenerative arthritis thoracolumbar spine, left hip degenerative arthritis, and right hip degenerative arthritis on a secondary basis to the Veteran's service-connected disabilities.,The decision also remanded the claim for entitlement to service connection for skin cancer.

The Board has remanded the claims for service connection for right knee disorder, left knee disorder, and back disorder due to insufficient evidence. The Veteran's dyshidrotic eczema claim remains denied.

The Board denied service connection for a lumbosacral strain and traumatic brain injury (TBI) as there is no probative medical evidence indicating these conditions were incurred in or are related to the Veteran's military service.

The Veteran's claims for service connection for a left knee disability, bilateral hearing loss, an antibiotic resistant system, and a lumbar strain were denied due to lack of new and relevant evidence. The claim for service connection for glandular cysts (also claimed as whole body glandular infection) was granted due to the submission of new and relevant evidence.

The Veteran's claim for an increased disability evaluation in excess of 20 percent prior to April 26, 2021, and in excess of 40 percent thereafter for service-connected intervertebral disc syndrome (IVDS) with lumbosacral strain and scoliosis is being remanded due to the need for additional development. Specifically, a VA examination is required to assess the current severity of the Veteran's lumbar spine disability, including during flare-ups, and to determine whether there is functional ankylosis.

The Veteran's claims for increased ratings and service connection are remanded due to missing National Guard records and the need to obtain SSA disability benefits and DFAS records.

The Veteran's service-connected disabilities do not meet the requirements for a higher rate of special monthly compensation (SMC) than that provided under 38 U.S.C. § 1114(l).

The Board has granted service connection for plantar fasciitis, diabetes mellitus type 2, hypertension, right knee osteoarthritis, left knee osteoarthritis, and radiculopathy of the lower extremities. Service connection was denied for lumbar spine disorder and bowel and bladder disorders.

The Board has denied service connection for insomnia, migraine headaches, a right eyelid scar, OSA, a right shoulder disability, a left shoulder disability, a low back disability, right lower extremity radiculopathy or neuropathy, and left foot plantar fasciitis as there is no evidence of current disabilities or in-service incurrences or aggravations.

The Board has dismissed the appeals for service connection of left shoulder strain, lumbosacral strain, and left knee strain. Appeals for high blood pressure, foot condition (including foot fungus), and erectile dysfunction were also dismissed due to a duplicate appeal docket.

The Veteran's claims for a higher rating for lumbosacral spine disability and service connection for tinnitus are remanded due to duty-to-assist errors.

The Board denied the Veteran's claims for service connection for lumbar spine disabilities and peripheral nerve disabilities affecting his upper and lower extremities, finding that there was no persuasive evidence to support a nexus between these conditions and his active service.

The Board has granted service connection for low back pain noted as osteopenia by x-ray, finding that the Veteran's disability was incurred during a period of INACDUTRA and resolving all doubt in her favor.