Back / lumbar spine decisions — 2024

The Board has granted earlier effective dates for the awards of a 40 percent disability rating for the back disability, service connection for sciatic and femoral radiculopathy of the right lower extremity, and Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35. However, the claim of entitlement to an increased rating for the back disability is remanded due to a pre-decisional error in VA's duty to assist.

The Board has granted the Veteran's claim for service connection for a lumbar disability, finding that it is at least as likely as not incurred during service.

The Veteran's back condition, allergic rhinitis, hemorrhoids, right lower extremity radiculopathy, left lower extremity radiculopathy, and tension headaches (secondary to PTSD) have all been granted service connection.

The Board has found that there was a duty to assist error and requires an addendum medical opinion to determine the nature and etiology of any back condition.

The Veteran's back disability received a 20 percent rating from April 17, 2007 to January 28, 2011. From January 29, 2011 onwards, the Veteran received a 40 percent rating.

The Board has granted service connection for a lower back condition, finding that the Veteran's current condition was aggravated by his active service.

The Board has remanded the case due to insufficient medical evidence regarding the etiology of the Veteran's lower back disability and its relationship to service. The VA is required to obtain a new opinion from an examiner.

The Board has remanded the cases for additional development to address pre-decisional duty-to-assist errors in the opinions regarding the etiology of the Veteran's headaches, cervical strain, and thoracolumbar strain.

The Veteran's appeal for service connection for right scoliosis in the thoracic area and left scoliosis in the lumbar area has been dismissed due to a request for withdrawal of the appeal.

The Board has denied the Veteran's claims for service connection for cold injuries to his lower and upper extremities, as well as a back disability. The evidence does not support a finding that these conditions are related to service.

The Veteran's lumbar spine disability is rated at 10 percent, and his right and left lower extremity radiculopathy are each rated at 10 percent. The Board denied increased ratings for all three conditions.

The Board has denied the claims for service connection for a back disorder, right leg disorder, and stomach problems due to lack of evidence of current disabilities during the appeal period.

The Veteran's left lower extremity radiculopathy is rated at 20 percent since November 28, 2018. The Board has determined that the evidence does not support a higher rating for this condition.,VA did not properly consider whether the Veteran was unemployable due to service-connected disabilities prior to October 15, 2015 and is therefore remanding the case for further action on this issue.

The Board has denied the Veteran's claims for higher initial disability ratings for lumbar strain and right hip strain, finding that the evidence does not support a rating higher than 10 percent for either condition.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to errors in the Appeals Modernization Act system. The Board has remanded several issues for further action.

The Board has granted the Veteran's claims for service connection for left knee osteoarthritis, right knee osteoarthritis, and lumbar spondylosis. The decision is based on the Veteran's credible statements of in-service injury and ongoing symptoms.

The Board has decided to remand the claims for service connection and rating of cervical spine strain and thoracolumbar spine disability due to inadequate medical opinions and missing evidence regarding flare-ups.

The Veteran's TDIU claim is remanded due to a duty to assist error involving private medical records and workers' compensation records. The AOJ must attempt to obtain these records before considering the merits of the claim.

The Veteran's ratings for DDD, thoracolumbar spine with degenerative arthritis, LLE radiculopathy, sciatic nerve, and RLE radiculopathy, sciatic nerve were restored to their previous levels of 20 percent effective April 22, 2021.

The appeal for an increased rating for plantar fasciitis is dismissed.,Service connection for a cervical spine disability and lumbar spine disability are granted. Service connection for a right shoulder disability is denied. The issues of service connection for right hip disability and left hip disability are remanded.