Back / lumbar spine decisions — 2024

The Veteran's NOD was timely filed, and the AOJ should provide him with a Statement of the Case regarding his claims for service connection for lumbar disability, obstructive sleep apnea, earlier effective date for bilateral plantar fasciitis, and increased rating for bilateral plantar fasciitis.

The Veteran's claims for an initial rating in excess of 10 percent for lumbosacral strain and service connection for an intestinal disorder (claimed as irritable bowel syndrome) are both remanded due to the need for additional examinations and opinions.

The Veteran's left ankle DJD is granted a 20% evaluation, but his lumbar spine DJD and TBI are both remanded for further review.

The Veteran's claims for service connection for lumbar disability and related radiculopathies have been granted with effective dates of February 24, 2017.

The Veteran's migraine headaches and obstructive sleep apnea are granted service connection. The lumbosacral strain is granted a 40 percent rating, but no higher. The initial compensable ratings for chronic sinusitis, left lower extremity radiculopathy, right lower extremity radiculopathy, and right elbow lateral epicondylitis are denied.

The Board has granted service connection for cervical cancer, finding that new and relevant evidence supports the claim. The appeal is dismissed for all other issues.

The Board has decided to remand the case due to inadequate medical opinions and missing service treatment records. The Veteran's low back condition is being reviewed again for proper consideration.

The Veteran's appeal for an initial rating in excess of 50 percent prior to January 5, 2021 and in excess of 70 percent thereafter for persistent depressive disorder, persistent major depressive disorder, and mood congruent psychotic features has been denied.,Service connection for a back disability, hernia, insomnia, and sleep apnea have also been denied.

The Veteran's lumbosacral strain/degenerative arthritis resulted in limitation of forward flexion to 25 degrees, and a 40 percent disability evaluation was granted. The claims for psychiatric disorder (to include PTSD), headaches, chronic sinusitis, and dermatitis were remanded.

The Board has remanded the claims for service connection due to incomplete evidence and issues related to the appellant's discharge from service. The claims will be reconsidered with additional development.

The Board has decided to remand the case due to an inadequate medical opinion in a previous decision. The Veteran's back disability is now being reviewed again for proper service connection.

The appeal of the denial of service connection for a back disability is dismissed. The appeal of the denial of service connection for an ear condition that caused dizziness and migraines is also dismissed.

The petition to readjudicate the claim for service connection for back strain (claimed as lower and upper back condition) is granted.,The petition to readjudicate the claim for service connection for left ankle strain remains denied because the evidence submitted is not new and relevant.,The petition to readjudicate the claim for service connection for right ankle strain is granted.,The petition to readjudicate the claim for service connection for hair loss is denied.,The petition to readjudicate the claim for service connection for headaches is granted.,The petition to readjudicate the claim for service connection for neck strain is granted.,The petition to readjudicate the claim for service connection for left shoulder strain is denied because the evidence submitted is not new and relevant.

The Board has remanded the case for further action to obtain private treatment records related to the Veteran's PTSD from Wexner Medical Center at Ohio State University. The effective dates for both lumbosacral strain and PTSD ratings are not established as they were not addressed in this decision.

The Veteran's service-connected disabilities have prevented him from obtaining and maintaining substantially gainful employment since May 31, 2009.,The earliest date the criteria for Dependents' Educational Assistance eligibility was met was on May 31, 2009.

The Board has granted service connection for Irritable Bowel Syndrome (IBS) and remanded the remaining issues due to insufficient evidence.

The Board has remanded the cases for additional development due to insufficient opinions regarding service connection and individual unemployability. The Veteran's lumbar spine condition and gastroesophageal reflux disease (acid reflux) are being reviewed, with a focus on determining their relationship to service.

The Board has granted the Veteran's claim for service connection for a cervical spine condition, finding that it is at least as likely as not related to an accident involving the Veteran in service.

The Veteran's lumbar spine disability, right and left lower extremity radiculopathy, and bilateral knee disabilities have been granted increased ratings effective November 19, 2020. The effective date for the service connection of these conditions is also set at this time.

The Veteran's claim for service connection for a vision condition is denied as there is no evidence of current disability.,Service connection for low back and left knee conditions is denied due to lack of in-service injury or disease.,Service connection for right knee and bilateral hearing loss conditions is denied as the evidence does not show any link to service.,The Veteran's claim for service connection for heart palpitations is granted, with the condition being proximately due to service.