Back / lumbar spine decisions — 2024

The Veteran's service-connected disabilities have precluded him from securing and following substantially gainful employment for which his education and occupational experience would otherwise qualify him, warranting a TDIU.

The Veteran's appeal for an increased rating for the cervical spine disability was dismissed as the Veteran withdrew his appeal prior to a decision.,An initial 10 percent rating, but no higher, is granted for the lumbar scar. The Veteran has a painful scar on his lumbar midline.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal as it pertains to service connection for various conditions.

The Board has granted service connection for the Veteran's claimed disabilities, including degeneration of lumbar disc, hypertension, diabetes mellitus, type 2, right lower extremity neuropathy, left lower extremity neuropathy, pancreatitis, and ventral hernia. The claims are remanded for further development.

The Board dismissed the appeal for issues related to the reduction of a lumbosacral sprain rating, service connection for migraines, and an increased rating for an acquired psychiatric disorder.

The Board has determined that the Veteran does not have a current diagnosis for left ankle disability, bilateral foot disabilities, bilateral lower extremity peripheral neuropathy, or lumbar spine disability. The right ankle disability is also denied. The claims are being remanded to obtain VA examinations and opinions.

The Board has granted service connection for obstructive sleep apnea and dismissed the remaining claims. The Veteran's obstructive sleep apnea is found to be at least as likely as not caused by his service-connected left and right ankle disabilities, left and right knee disabilities, right shoulder disability, lumbar spine disability, and depression.

The Veteran's eye condition, myopic astigmatism, is not service-connected as it was present prior to service and no superimposed disease or injury occurred during service.,There is no evidence of a current chronic headache disorder related to the Veteran's service. The Veteran's migraine headaches are not service-connected.,Hearing loss and tinnitus were not shown in service, did not manifest within a presumptive period, and there was no continuity of symptomatology attributable to service.,The Veteran's sleep apnea is not service-connected as it is not related to any service-connected disability.

The Board has granted service connection for retrocalcaneal Achilles bursitis of the left lower extremity, left shoulder pain impairment syndrome, and a low back disability manifesting as pain. The decision is based on credible lay evidence and medical records that support the Veteran's account of symptoms during active duty.

The Board has determined that the Veteran's claims for service connection are remanded due to pre-decisional duty to assist errors, including inadequate VA examination opinions and failure to obtain examinations for all claimed disorders.

The Board has granted service connection for the Veteran's thoracolumbar spine (back) disability and remanded the issues of service connection for cervical spine, right knee, left knee, right foot, and left foot disabilities.

The Veteran's service connection claims for degenerative arthritis of the thoracolumbar spine, cervical spine, left wrist, and right wrist have been granted. The Veteran's knee conditions are rated as 10 percent disabling.

The Board has denied the Veteran's claims for service connection for a back disability and erectile dysfunction as secondary to posttraumatic stress disorder. The claim for right hip disability, including groin strain, labral tear, and osteoarthritis is remanded due to lack of a VA examination. The claim for left hip degenerative arthritis is also remanded due to the inextricability with the right hip disability claim.,The Board has denied the Veteran's claims for service connection for a back disability and erectile dysfunction as secondary to posttraumatic stress disorder. The right hip disability, including groin strain, labral tear, and osteoarthritis is remanded due to lack of a VA examination. The left hip degenerative arthritis claim is also remanded.

The Board denied service connection for a lumbar spine disorder and TDIU due to the Veteran's service-connected disabilities. The medical evidence did not support a direct relationship between the current lumbar spine disorder and service, or any other service-connected disability.

The Board denied the Veteran's claim for an earlier effective date for his award of a total disability rating due to individual unemployability (TDIU) as there was no evidence showing that he was unable to obtain or maintain substantially gainful employment prior to October 22, 2018.

The Board has granted the Veteran's claim for service connection for a low back disability, finding that his current condition began during active duty and is related to in-service injury. The decision resolves all doubt in favor of the Veteran.

The Veteran's claims for service connection for brain disease due to trauma (traumatic brain injury), paralysis of the median nerve (right hand neuropathy), and paralysis of the median nerve (left hand neuropathy) have all been denied.,The Veteran was granted an initial 20 percent rating for her service-connected fibromyalgia, but her claim for a higher rating for degenerative arthritis and degenerative disc disease of the lumbar spine remains denied.

The Board has determined that the Veteran's claims for increased ratings and TDIU are remanded due to incomplete records, inadequate examinations, and potential errors in the initial rating decisions. The Veteran will need to provide additional medical evidence and VA treatment records, as well as obtain any vocational rehabilitation or Chapter 31 records.

The Veteran's claim for service connection for residuals of bladder cancer, cervical spine disability, back disability, and left lower extremity radiculopathy associated with the back disability is granted effective June 30, 1989. The claims for erectile dysfunction are denied prior to August 27, 2020.

The Veteran's claim for a higher rating for degenerative joint disease of the lumbar spine with herniated nucleus pulposus is granted, and he is now in receipt of a 40% disability rating. The claims for higher ratings for left and right lower extremity radiculopathy are denied.