Back / lumbar spine decisions — 2024

The Veteran's service-connected disabilities do not render him unable to obtain and sustain substantially gainful employment, as he has reported working as an independent insurance agent.

The appeal has been dismissed due to the Veteran's death. The issues of service connection for a back disability, COPD, and TDIU are not currently before the Board.

The Board has granted service connection for right and left lower extremity lumbar radiculopathy as secondary to the Veteran's service-connected lumbar strain. The Veteran is also entitled to a temporary total evaluation due to treatment of his service-connected conditions.

The Board dismissed the appeal concerning three issues of service connection for cervical spine condition, pain and numbness in the bilateral shoulders, and lumbar spine condition due to the appellant's withdrawal.

The Veteran's service-connected disorders, including lumbar spine DJD and bilateral knee DJD, have rendered him unable to secure or follow a substantially gainful occupation since May 12, 2006. Effective dates for TDIU and DEA are granted as of that date.

The Veteran's claims for increased ratings for gastroesophageal reflux disease (GERD) with chronic constipation and cervical spine degenerative disc disease were denied. The GERD condition is currently rated at 10 percent, while the cervical spine disability is rated at 10 percent.

The Board has remanded the case due to insufficient medical opinion regarding the nature, onset, and etiology of the Veteran's lumbosacral strain disability. The VA must obtain a new medical opinion on this issue.

The Board has granted service connection for obstructive sleep apnea as secondary to posttraumatic stress disorder (PTSD). The decision concludes that the Veteran's sleep apnea is proximately due to or aggravated by his service-connected PTSD and musculoskeletal conditions.

The Veteran's initial rating for chronic orthopedic symptoms of lumbosacral strain with spondylosis is denied as the evidence does not meet the criteria for a higher than 10 percent rating.,The Veteran's initial rating for associated lumbar radiculopathy, LLE, is denied as the evidence does not meet the criteria for a higher than 10 percent rating.

The Board has remanded the case due to a need for additional medical opinions regarding the Veteran's back condition and its relationship to his service-connected bilateral knee and feet disabilities.

The Veteran's TDIU claim from March 19, 2020 to October 4, 2022 is granted as he meets the schedular criteria for a combined rating of 70 percent due to multiple service-connected disabilities. The earlier effective date for Dependents' Educational Assistance (DEA) eligibility remains pending.

The Veteran's claim for an earlier effective date for the increased 40 percent rating for his service-connected back disability is denied. The earliest available effective date is March 19, 2021.

The Veteran's appeal regarding his right tarsal tunnel syndrome was dismissed because it came from a proposed rating reduction. The appeals for higher ratings for lumbar muscle strain and asthma were denied, with the TDIU claim being granted.

The Veteran's claims for increased ratings and service connection have been denied. The lumbar spine disorder remains rated at 40 percent, while the right lower extremity radiculopathy is rated at 10 percent. Service connection has been granted for these conditions but further evidence is needed to determine if they are related to service.

The Board has denied a higher rating for peripheral vascular disease, left lower extremity and remanded the cases of arthritis, left hip, lumbosacral strain, degenerative joint disease, right knee, and right ankle strain.

The Board has decided to remand the claim of service connection for a lumbar spine disorder due to insufficient evidence regarding its onset during service. The Veteran's statements about continuous symptoms throughout service and reserve duty are considered, but further medical examination is required.

The Veteran's service connection claim for her back disability is being remanded due to the need for further development and examination.

The Board denied service connection for lumbosacral spine, left knee, and right knee disabilities due to a lack of evidence showing current disability or functional impairment caused by these conditions.

The Veteran's claim for service connection for head injury residuals is denied.,The Veteran's claim for service connection for low back disability is denied.,The Veteran's claim for service connection for asthma is granted.,The Veteran's claim for service connection for heart condition (abnormal heart with chest pain) is remanded.

The Board has decided to remand the Veteran's claim for service connection of his back condition due to insufficient evidence and a need for further examination.