Back / lumbar spine decisions — 2024

The Veteran's service-connected disabilities prevented her from securing or following substantially gainful employment since March 31, 2019. The claims for increased ratings were denied as the evidence did not meet the criteria for higher disability ratings.

The Board denied the Veteran's motion to establish clear and unmistakable error (CUE) in a February 2013 decision that denied service connection for a low back condition. The evidence did not show a current diagnosed disability, and the RO found there was no back disability as per the VA examination reports.

The Board denied all service connection claims and the increased rating claim for myositis of the lumbar spine, finding that the Veteran's disability did not meet or approximate the criteria for a higher rating under the applicable VA rating schedule.

The Board has restored the Veteran's prior 20% disability rating for cervical strain with IVDS and degenerative disc disease, effective January 21, 2020, as the reduction was improper due to lack of improvement in the Veteran's ability to function under ordinary conditions.

The Veteran's appeal for service connection for cervical spine disability was dismissed due to improper docketing under the Appeals Modernization Act. The appeals for bronchitis, lumbar spine disability, left shoulder disability, and right shoulder disability were all granted based on new evidence received since previous final decisions.

The Board has remanded the claims for service connection for flat foot disorder and lumbar spine disorder due to insufficient medical opinions regarding their etiology.

The Veteran's neck disability is rated 20 percent from May 1, 2013, and 30 percent thereafter. The rating for back disability has not been met. The right ankle disability was denied as it did not meet the criteria for a higher rating prior to October 30, 2020, and 20 percent thereafter. The right lower extremity radiculopathy is rated 20 percent.,The Veteran's left hip disability and diabetes mellitus are remanded for further review.

The Board has determined that the Veteran's lower back disability, including conditions such as lumbar intervertebral disc degeneration and lumbosacral strain, is related to his active duty service. The decision grants service connection for these disabilities.

The Veteran's claim for a compensable evaluation for his residual lumbosacral spine scar was denied.,The Veteran's claims for effective dates prior to June 24, 2021 for the grants of service connection for left and right lower extremity femoral nerve radiculopathy were granted.

The Board has remanded the Veteran's claims for headaches and low back disability due to duty-to-assist errors, as well as potential service connection based on toxic exposure under PACT Act.

The Veteran was granted service connection for right and left lower extremity sciatica, each rated at 10 percent effective September 30, 2020.,The Veteran was also granted service connection for right and left upper extremity radiculopathy, each rated at 20 percent effective October 30, 2020.

The Veteran has withdrawn their appeals for sleep apnea and a low back condition, so these issues are dismissed.

The Veteran's service connection claim for degenerative disc disease of the lumbar spine is granted as his back pain began during active duty and has continued since then.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of permanent and total disability.

Service connection is granted for left ear hearing loss. Service connection for low back strain is remanded.

The Veteran's claims for service connection for a back disability, diabetes mellitus type II, and coronary artery disease have been granted. The rating for bilateral hearing loss remains denied.

The Veteran's appeals for increased ratings and effective dates earlier than February 24, 2020 were dismissed due to improper docketing under the AMA.,The Veteran's claims for increased ratings for low back and cervical spine disabilities continue to reside within the legacy appeals system.

The Veteran's claim for higher ratings for lumbar spine degenerative disc disease with spinal stenosis was denied as the current assigned ratings are deemed appropriate based on the severity of his symptoms and range of motion.

Service connection for sinusitis, back disorder (lumbosacral strain), and sleep apnea was denied.,An initial rating of 30 percent for diarrhea and GERD was granted.

The Veteran's claim for a 10% rating based on multiple noncompensable service-connected disabilities is denied because he has already been assigned compensable ratings for other conditions.