Back / lumbar spine decisions — 2024

The Board has granted secondary service connection for migraine headaches as a result of the Veteran's service-connected traumatic brain injury. The claim for service connection for a back disability is remanded due to inadequate medical opinion.

The Veteran's claims for increased ratings for Degenerative Disc Disease (DDD), left lower extremity radiculopathy, and right lower extremity radiculopathy are being remanded due to inadequate examination reports that did not consider flare-ups.

The Board has found that the RO's adjudication of the claims without obtaining VA examinations is a pre-decisional duty to assist error and requires remanding for further action, including scheduling VA examinations.

The Veteran's appeal for restoration of a 40 percent evaluation for lumbosacral strain with intervertebral disc syndrome has been dismissed as the appellant withdrew the appeal in December 2022.

The Board has granted service connection for the Veteran's chronic lumbar spine disability, finding that it began during his active military service and persists to this day.

The Board has granted effective dates of June 19, 2008 for the award of a total disability rating based on individual unemployability (TDIU) and eligibility to Dependents' Educational Assistance (DEA). The TDIU was awarded due to service-connected back disability, which also led to an earlier effective date for DEA benefits.

The Board has dismissed the appeal because the proposed reduction of the Veteran's disability rating for lumbar strain from 20 percent to 10 percent was not a final decision by VA, and thus the issue is not properly before the Board.

The Veteran requested to withdraw their appeal regarding the service connection for a back condition as secondary to Osgood-Schlatter's disease of the right knee and the service connection for a right knee condition associated with Osgood-Schlatter's disease. As a result, the appeal is dismissed.

The Board has remanded the Veteran's claims of service connection for right foot condition, left foot condition, and lower back condition due to inadequate medical opinions in previous examinations.

The Veteran's claim for service connection for chronic lumbosacral strain was denied because the new evidence did not prove or disprove whether his current condition occurred in or was caused by service.

The Veteran's service-connected disabilities require the need for regular aid and attendance of another person, which has been granted.

The Veteran's appeals for increased ratings and service connection have been dismissed due to his withdrawal of the appeals.

The Veteran's claims for service connection for erectile dysfunction, obstructive sleep apnea, and various joint and ankle disabilities are being remanded due to the need for additional medical examinations.,A rating in excess of 10 percent for tinnitus is denied.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding whether his back condition, radiculopathy, and other conditions are related to his military service. The VA is required to obtain a new opinion from an examiner that considers the Veteran's reports of in-service symptoms and aligns them with how the current disabilities typically develop.

The Veteran's claims for service connection have been granted, with the exception of PTSD, anxiety, depression, a disability manifested by chronic sleep impairment, and TDIU. The hearing loss claim is denied as it does not warrant a rating in excess of 30 percent.

The Board restored the Veteran's disability rating for his lumbar spine disability from 20 percent to 60 percent, finding that the reduction was not proper due to clear and unmistakable error (CUE) in the May 2018 rating decision.

The Board has determined that additional development is needed to correct pre-decisional duty to assist errors and remands the cases for further action.

The Board has dismissed the appeals for increased ratings and restoration of a rating for various conditions as the Veteran withdrew his appeal.

The Veteran's appeal for a higher rating of his lumbar spine disability from August 1, 2021 onward has been dismissed due to the Veteran's attorney withdrawing the appeal.

The Board has granted the Veteran's claim for service connection for degenerative arthritis of the lumbar spine as secondary to his service-connected knee disabilities, resolving reasonable doubt in favor of the Veteran.