Back / lumbar spine decisions — 2024

The Board has remanded the Veteran's claims for neck condition and vertigo due to conflicting medical opinions. The Veteran is seeking service connection for these conditions, which are currently service-connected but denied on appeal.

The Board has granted service connection for the Veteran's neck and back conditions, finding that these conditions began during her active duty in June 1996.

The Veteran's appeal is remanded due to a pre-decisional error in not having a medical opinion regarding whether his service-connected disabilities result in loss of use of one or both feet, or ankylosis of one or both knees or hips. The Board finds the claim should be reconsidered with further examination and opinion.

The Veteran's service-connected bilateral pes planus, lumbar strain, migraines, arthritis (bilateral feet, knees, and hands as well as the left elbow), and sleep apnea are preventing him from securing or following any substantially gainful occupation.

The Board has granted an initial evaluation of 40 percent for right lower extremity radiculopathy and has remanded the issue of entitlement to a higher evaluation for lumbar spine disability.

The Veteran's service-connected disabilities, including persistent depressive disorder, degenerative joint disease of the lumbar spine, and bilateral lower extremity radiculopathy, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted total disability based on individual unemployability (TDIU).

The Veteran's service-connected disabilities prevent him from caring for himself and protecting himself, requiring regular aid and attendance. The Board has granted special monthly compensation based on the need for aid and attendance.

The Veteran is not entitled to a TDIU under the schedular criteria prior to January 9, 2017. The Board finds that an extra-schedular evaluation is required due to inadequate opinion from the Director of Compensation Services and a pre-decisional duty to assist error by the AOJ.

The Veteran's tinnitus, bilateral hearing loss, acne vulgaris, scar from right knee surgery, and lumbosacral strain with spinal stenosis are all rated at the maximum allowed under VA guidelines. The Board has remanded for further review of these claims.,The Veteran's hearing loss is not compensable as it does not meet the criteria for a higher rating based on audiometric test results. His acne vulgaris and lumbosacral strain with spinal stenosis are also rated at their maximum allowed under VA guidelines, and the Board has remanded these claims.,The Veteran's scar from right knee surgery and scar from lumbar laminectomy do not meet the criteria for a compensable rating as they do not occupy an area of 929 square centimeters or greater.

The Veteran's claims for service connection for bilateral hearing loss, headache disability, and left knee chondromalacia patellae were denied. The claim for a rating in excess of 10 percent for the left knee chondromalacia patellae was also denied.

The Board has determined that the Veteran's lumbar spine disability began during his active service and granted service connection for it.

The Board has found a pre-decisional duty to assist error for the claims of service connection for various lower extremity disorders. The Veteran's STRs are unavailable, and he has reported in-service injuries. A new VA examination is needed to determine if any current diagnoses exist and whether they are related to service.

The Board has remanded the claims for hypertension, back disability, ulcer, and acquired psychiatric disorder to include PTSD, anxiety, and depression due to lack of new and relevant evidence. The Veteran's claim for service connection is not granted as there is no evidence that his current conditions are related to his military service.

The Board has granted service connection for a mid-back condition, finding that the Veteran's current disability began during his active duty and is linked to his military service.

The Veteran's GERD is granted as secondary to NSAIDs used for his service-connected lumbar degenerative arthritis status post discectomy and bilateral shoulder strain.

The appellant has withdrawn their appeal, satisfied with the current ratings and effective dates for all issues.

The Board has granted service connection for a lower back disability and right lower extremity radiculopathy, finding that the Veteran's current conditions are related to his military service.

The Board has remanded the claim of service connection for a lumbar spine disorder, as the Veteran's current diagnosis is not supported by an adequate etiology opinion. The case will be returned to the AOJ for further review and consideration.

The Board has granted service connection for a low back disorder and remanded the issue of service connection for obstructive sleep apnea.

The Veteran's appeals for earlier effective dates for increased ratings on bilateral pes planus with plantar fasciitis, lumbosacral strain, and tension headaches are dismissed as they were part of pending claims in the VA's legacy appeal system.