Back / lumbar spine decisions — 2024

The Board has remanded the claims for neck, back, bilateral shoulder, right elbow, right knee, and bilateral ankle conditions due to a lack of examination and incomplete medical records. The Veteran's statements about injuries sustained during service are considered credible.

The Board has determined that there is no evidence of a current disability for any of the claimed conditions, and thus service connection cannot be granted.

The Board denied the Veteran's claim for service connection of a low back disability, finding no credible and probative evidence indicating that he had such a condition during or proximate to his claim filing.

The Board has granted service connection for lumbosacral strain and tinnitus, finding that both conditions are etiologically linked to the Veteran's active-duty service.

The Board has granted service connection for the Veteran's back condition with arthritis, but as the effective date is post-dates the filing of the claim in this appeal, the Board will grant service connection to allow the AOJ to review the effective date. The claims for left knee disability and right knee disability are remanded due to pre-decisional duty to assist errors warranting addendum opinions.

The Veteran's cervical radiculopathy of the LUE and lumbar radiculopathy of the RLE are granted service connection. Service connection for cervical radiculopathy of the RUE is denied.

The Veteran's claims for increased ratings for degenerative disc disease, cervical spine and mid and lower thoracic spine were denied as the evidence did not show that the disabilities warranted a rating in excess of 20 percent or 40 percent respectively.

The Veteran withdrew her appeals for service connection for posttraumatic stress disorder, a rating in excess of 10 percent for lumbar radiculopathy of the right lower extremity of the sciatic nerve, and a rating in excess of 10 percent for lumbar radiculopathy of the left lower extremity of the sciatic nerve. As such, these appeals are dismissed.

The Veteran's claim for an effective date prior to February 26, 2010, for the award of service connection for degenerative arthritis with lumbosacral strain is denied. The Veteran's initial evaluation in excess of 10 percent for his degenerative arthritis with lumbosacral strain is also denied.

The Veteran's back disability, rated at 10 percent prior to August 17, 2022, does not meet the criteria for a higher rating based on limitation of motion or IVDS episodes. The evidence is against finding that his symptoms warrant an increased rating.

The Veteran's claim for an effective date of February 1, 2018, but not earlier, for service connection for a back disability is granted. The Veteran also received increased ratings for various conditions and remanded issues.

The Veteran's PTSD with unspecified depressive disorder, migraine headaches, back disability, left knee limitation of flexion, left shin splints, GERD, nephrolithiasis, PFB, and ED are all rated at the maximum available rating (50%) for each condition.

The Veteran's appeal was denied because the VA Form 21-526EZ submitted in July 2022 was not filed on the correct form, and his January 2023 notice of disagreement was untimely as to the merits of service connection.

The Board has determined that the Veteran's claims for service connection for lumbar disc degeneration, lumbar strain with levoscoliosis, and IBS are remanded due to duty-to-assist errors and need for additional medical opinions.

The Veteran's back condition is granted as service connected.,His bilateral lower extremity radiculopathy involving the sciatic nerve is also granted as secondary to his now service-connected back condition. The issue of polyuria and proteinuria (urinary condition) is remanded for further review.,Service connection for polyuria and proteinuria as secondary to obstructive sleep apnea is remanded.

The Board has determined that the Veteran's neck disability is related to his military service, and therefore grants service connection for a neck disability.

The Board denied service connection for an acquired psychiatric disorder, left knee disability, right knee disability, bilateral foot disability (including pes planus and hallux valgus), and back disability as secondary to a bilateral knee disability due to the lack of evidence meeting the criteria for a current disability.

The Board has denied the Veteran's claims for service connection for thoracolumbar spine disability, IBS, sciatic pain, anxiety, and depression as there is no evidence of a current disability or in-service event that would support these claims.

The Veteran's claims for service connection for degenerative arthritis of the lumbar spine, cervical spine, left shoulder (non-dominant), and non-allergic rhinitis with throat irritation were denied. The claim for left knee instability was granted with an effective date of January 12, 2007.,The Veteran's request for an earlier effective date for the grant of service connection for non-allergic rhinitis with throat irritation was dismissed due to lack of timely appeal and no new relevant evidence received within the applicable period.

The Board has determined that the Veteran's diabetes mellitus, type II is not service-connected due to a remand for further examination and opinion. The lumbosacral strain with spondylolisthesis claim must be remanded as VA did not obtain all relevant private treatment records. The left elbow disability claim also requires additional examination.