Back / lumbar spine decisions — 2024

The Board has determined that the Veteran's claims for earlier effective dates are denied as they lack legal merit due to the finality of his January 1993 denial of service connection. The appeal is remanded for further development, including a VA examination.

The Board has granted service connection for DDD of the lumbar spine and denied service connection for bilateral foot disability including plantar fasciitis, as well as left ankle disability.

The Veteran's application for Legacy S-DVI insurance was denied because it was not received within two years of the most recent grant of service connection, which occurred in October 2018. The Veteran did not meet the eligibility criteria as per 38 U.S.C. § 1922(a).

The Board has remanded the claims for residuals of a right ankle fracture, low back condition, allergic rhinitis, and sinusitis due to the need for additional development regarding service connection.

The Veteran's appeals for increased disability ratings in various conditions have been dismissed due to the Veteran's death during the appeal process.

The Board has denied all claims for service connection and rating increases, finding no new and relevant evidence to support the Veteran's claims. The left leg muscle spasms and low back disability have been previously denied without appeal.

The Board has decided to remand the case due to a failure to provide a VA examination and medical opinion regarding the Veteran's claimed back disorder, which is related to his service-connected right foot disability.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's neck disability and a failure to obtain relevant private medical records. The Veteran is seeking service connection for her neck/upper back disability, which she claims began during her military service.

The Veteran's claim for an earlier effective date of January 15, 2013, for service connection of lumbosacral strain was granted. The initial rating of 10 percent for the condition remains unchanged.

The Veteran's erectile dysfunction is granted as secondary to his service-connected major depressive disorder. However, the lumbar spine disability is denied.

The Veteran's lumbosacral strain and right lower extremity radiculopathy have been granted increased ratings, with the effective date set at March 6, 2017.,Right lower extremity radiculopathy, sciatic nerve has also been granted an evaluation of 40 percent from February 6, 2019.

The Veteran is granted a higher rate of special monthly compensation (SMC) due to his service-connected psychiatric disability and physical disabilities, resulting in the need for regular aid and attendance from another person.

The Board has remanded the case due to a duty-to-assist error, specifically failing to secure an appropriate examination and/or opinion regarding whether the Veteran's service-connected disabilities cause loss of use of his feet/legs. The claim is being returned for further action.

The Board has remanded the claims for athlete's foot, back disability, neck disability, right ankle disability, left ankle disability, left knee disability, right knee disability, bilateral foot disability, bilateral hearing loss, and obstructive sleep apnea due to duty-to-assist errors.

The Board dismissed the appeals of proposed reductions in disability ratings for migraine headaches, gait-swing phase foot right cause foot drop, and lumbar vertebral disc displacement, L5-S1. The Veteran's disability ratings were continued at their current levels.

The Board denied the Veteran's claims for increased ratings for his right shoulder and lumbar spine disabilities, finding that the evidence did not show motion limited midway between side and shoulder or flexion/abduction limited to 25 degrees.

The Board has remanded two issues related to the Veteran's lumbosacral facet arthritis with thoracolumbar degenerative disc disease and degenerative disc disease of the cervical spine prior to October 22, 2008. The remand requires obtaining a retrospective medical opinion that substantially complies with the April 2022 Board remand instructions.

The Veteran's initial disability ratings for back, right lower extremity radiculopathy, and left lower extremity radiculopathy have been granted at a 40 percent rating since February 13, 2017. The effective date of service connection is also set to February 13, 2017.

The Board has remanded the claims for service connection for bilateral hearing loss, tinnitus, and a higher rating for degenerative joint disease with facet arthropathy of lumbar spine. The Veteran's claim for an increased rating remains pending.

The Board has determined that the Veteran's cervical strain with DDD, degenerative arthritis, and spinal stenosis is related to an in-service motor vehicle accident. The evidence supports this finding, including private medical opinions and lay statements from the Veteran.