Back / lumbar spine decisions — 2024

The Veteran's thoracic spine disorder, diagnosed as DJD of the lumbar spine with lumbar strain, is rated at 40 percent and not entitled to a higher rating. The appeal for an earlier effective date for Dependents' Educational Assistance benefits was also denied.

The Veteran's headaches (migraines) are found to be due to his military service, and service connection is granted. The Board also remanded the issues of service connection for left foot condition, right foot condition, left knee condition, right knee condition, left wrist condition, left shoulder condition, right shoulder condition, lower back condition, sciatica with numbness (LLE), and sciatica with numbness (RLE).

The Veteran's appeals for service connection on the issues of obstructive sleep apnea, disorder manifested by facial numbness, dysthymic disorder with panic disorder, bilateral hearing loss, hand tremors, lumbar spine disability, right hand disability, and right ankle disability have been dismissed due to withdrawal. Service connection has been granted for dysthymic disorder with panic disorder.

The appeal for service connection of a back disorder is dismissed due to the Veteran's death.

The Veteran's service connection for migraines and increased disability rating for mechanical low back strain with degenerative disc and joint disease were granted effective December 31, 2020. The TDIU on an extraschedular basis was also granted effective October 19, 2019.

The Veteran's claims for service connection for a back disability, left knee disability, and right knee disability have been denied.,The Veteran's claim for service connection for BPPV has been remanded due to the inadequacy of the March 2020 VA examination.,The Veteran's claims for service connection for bilateral hearing loss, chronic otitis media, and sinusitis are inextricably intertwined with the BPPV claim and have also been remanded.

The Veteran's claims for PTSD and any other acquired psychiatric condition are remanded due to the need for additional evidence regarding the validity of his claimed stressor.,PTSD service connection is remanded as there was insufficient verification of a contended in-service stressor. The Veteran has been provided with another VA examination, but no nexus opinion addressing the relationship between current major depressive disorder and service has been obtained.,The Veteran's claims for bilateral foot condition, left shoulder condition, right shoulder condition, low back condition, respiratory condition (Asthma), and right knee condition are remanded due to a lack of adequate VA examinations or nexus opinions.,PTSD service connection is remanded as there was insufficient verification of a contended in-service stressor. The Veteran has been provided with another VA examination, but no nexus opinion addressing the relationship between current major depressive disorder and service has been obtained.,The Veteran's claims for bilateral foot condition, left shoulder condition, right shoulder condition, low back condition, respiratory condition (Asthma), and right knee condition are remanded due to a lack of adequate VA examinations or nexus opinions.,PTSD service connection is remanded as there was insufficient verification of a contended in-service stressor. The Veteran has been provided with another VA examination, but no nexus opinion addressing the relationship between current major depressive disorder and service has been obtained.,The Veteran's claims for respiratory condition (Asthma) are remanded due to discrepancies between STRs regarding asthma history and the 2020 non-VA provider's opinion. The AOJ should obtain an addendum opinion to clarify whether the Veteran's current Asthma is related to service or pre-existed service.,The Veteran's claims for right knee condition are remanded as there was insufficient verification of a contended in-service stressor. The 2020 non-VA provider provided a nexus opinion, but it did not address or reconcile the Veteran's history of chronic daily alcohol use which can have similar symptoms to TBI.,PTSD service connection is remanded due to insufficient verification of a contended in-service stressor and lack of adequate VA examination. The AOJ should obtain an addendum opinion addressing whether the Veteran has a current TBI or residuals related thereto.

The Board denied the Veteran's claims for severance of service connection for chronic lumbar strain and service connection for a right ankle disability, finding that there was no clear and unmistakable error in granting service connection for chronic lumbar strain. The Board also found that the right ankle disability is not related to the claimed service-connected condition.

The Board has determined that new and relevant evidence has been submitted for the claims of service connection for bilateral hearing loss, tinnitus, right shoulder disability, right bicep tendon adhesion, and back disability. These claims are being remanded to allow for further development.

The Board has decided to remand the case due to a duty to assist error in the initial decision. The Veteran's claim for service connection for lumbosacral strain is being reviewed again.

The Veteran's thoracolumbar strain is currently rated at 20 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that a higher rating is not warranted based on the evidence provided.

An effective date of October 12, 2021, but no earlier, has been granted for a 40 percent evaluation for lumbar spine degenerative arthritis, degenerative disc disease, and spinal stenosis. The Veteran's claim for TDIU was also granted on this same effective date.

The Veteran's claim for an earlier effective date than November 1, 2013 for additional dependency benefits for his spouse was denied as he did not provide all necessary information to establish his entitlement within one year of the April 2012 rating decision.

The Veteran's claim for non-service-connected pension benefits did not include a request for service connection for an acquired psychiatric disorder. The effective date of the award of service connection for delusional disorder is October 17, 2018.

The Board has decided to remand the case due to a duty to assist error, specifically regarding an inadequate VA medical opinion on the Veteran's back disability.

The Veteran's lumbosacral strain and bilateral lower extremity lumbar radiculopathy have been granted service connection, with the latter being secondary to his primary back disability.,An initial 50 percent rating for tension headaches has been granted, reflecting very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Board has remanded the case for further development and consideration, including obtaining additional medical evidence to determine if service connection can be granted for the Veteran's claimed cervical strain condition.

The Board has granted service connection for the Veteran's degenerative joint disease of the lumbar spine, finding that it is related to his service-connected cervical spine condition and the same underlying arthritic process.

The Veteran's tension headaches are currently rated at 50% and his degenerative disc disease of the lumbar spine is rated at 40%. His combined disability rating is 70%, qualifying him for a TDIU.,The Board has granted an extraschedular rating for tension headaches, finding that the established schedular criteria adequately describe the severity of the Veteran's symptoms. The Veteran meets the schedular requirement for a TDIU due to his service-connected disabilities.

The Veteran's claims for increased ratings are remanded due to the use of outdated examinations and outstanding VA treatment records. The RO must obtain updated examinations and consider new evidence.