Back / lumbar spine decisions — 2024

The Board dismissed the appeal as to the issue of timeliness of a Notice of Disagreement because the Veteran's April 2, 2024 submission clarified his intent for the January 22, 2021 submission.

The Board has determined that the Veteran's current thoracolumbar spine disability is proximately due to his service-connected cervical spine disability, granting service connection for this condition.

The Veteran's lumbosacral strain and degenerative arthritis of the spine are granted service connection as they are related to his in-service carrying of heavy loads on his back. The right shoulder impingement syndrome and rotator cuff tendonitis case is remanded for further review.

The Veteran is unable to secure and maintain substantially gainful employment due to her service-connected disabilities, including anxiety and depressive disorder, lumbosacral strain, right carpal tunnel syndrome, and allergic rhinitis.

The Veteran's death was attributed to myocardial infarction and cardiac insufficiency. The VA examiner opined that the service-connected conditions did not contribute substantially or materially to his death, but there is a need for an adequate medical opinion regarding the cause of death.

The Veteran's service-connected disabilities, including PTSD and depression, have rendered him unemployable due to his inability to work due to his psychiatric symptoms and physical impairments. The Board has granted a TDIU based on the severity of these conditions.

The Veteran's tinnitus, cervical strain with degenerative disc disease, lumbosacral strain, and migraines are all remanded for further examination and opinion due to the need for a VA examination and medical nexus opinion regarding toxic exposure risk activities.

The Veteran's appeal of the denial for sleep apnea was dismissed. The back disorder claim is remanded.

The Veteran's claim for a higher rating for his lumbar spine DJD is denied. He currently receives a 40 percent disability rating, effective November 7, 2023.,The Veteran's sciatic radiculopathy of the left and right lower extremities are each rated at 40 percent disabling, effective November 7, 2023.

The Veteran's claim for a higher rating for his lumbosacral strain and degenerative arthritis of the lumbar spine prior to December 17, 2019 is being remanded due to missing private medical records from his March 2016 lumbar microdiscectomy.

The Board has granted the appeal and found that the attorney is eligible for direct payment of attorney fees based on past-due benefits awarded in a May 2020 rating decision that granted service connection for lumbar spine disabilities, bilateral lower extremity radiculopathy, and a total disability rating based on individual unemployability (TDIU). The appeal was not about service connection at all.

The Veteran's appeals for increased ratings, service connection, and TDIU have been dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he is deceased.

The Veteran's service-connected right and left hip disabilities, along with his lumbar spine disability, prevent him from obtaining or maintaining substantially gainful employment. The Board granted a TDIU based on the severity of these conditions.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure and maintain substantially gainful employment, warranting a TDIU.

The appellant withdrew their appeal for service connection claims related to left lower extremity radiculopathy and intervertebral disk syndrome with degenerative arthritis of the lumbar spine.

The Board dismissed the appeal due to the Veteran's death during the pendency of the appeal.

The Veteran's lumbosacral spondylosis, degenerative disc disease, and degenerative arthritis are granted service connection. The Veteran's erectile dysfunction is also granted as secondary to his lumbar spine condition.

The Board has granted service connection for a lumbar spine disability, finding that the evidence is at least evenly balanced as to whether the Veteran's lumbar spine disability had onset in active duty service. The decision concludes that the reasonable doubt created by this relative equipoise in the evidence must be resolved in favor of the Veteran.

The Board has granted service connection for the Veteran's lumbosacral strain, degenerative arthritis of the spine, intervertebral disc syndrome, cervical strain, and spondylolisthesis. These conditions are related to his military service.

The Veteran's appeal for an increased rating for a thoracolumbar spine disorder is dismissed. The appeals for increased ratings for right shoulder, right lower extremity radiculopathy of the sciatic nerve (right), and left lower extremity radiculopathy of the sciatic nerve are denied. A 10% rating is granted for an appendectomy scar.