Back / lumbar spine decisions — 2024

The Veteran's lumbar spine disability is rated at 20 percent from March 22, 2010. He also received separate ratings of 10 percent for his right and left lower extremity radiculopathy during the appeal period.,The Veteran was granted TDIU based on his service-connected disabilities.

The Board denied the Veteran's claim for service connection of his back disability, finding that there was no evidence showing a link between his in-service activities and his current condition.

The Veteran's request for restoration of a 10 percent rating for GERD is granted. The extension of the temporary total disability rating and the higher ratings for DDD of the lumbar spine are remanded due to procedural and substantive issues.

The Veteran's claim for SMC A&A/HB is remanded due to the inadequacy of the medical evidence provided at the time of the initial decision. The Board requires an appropriate VA Aid and Attendance Examination to determine if her service-connected disabilities necessitate regular aid and attendance or result in housebound status.

The Veteran requested to withdraw his appeals regarding the service connection claims for degenerative disk disease, lumbar spine with spondylosis and L5 spondylolisthesis and degenerative joint disease, right knee. The appeal is dismissed as a result.

The Board dismissed the Veteran's appeal for an increased rating for degenerative arthritis of the lumbar spine as there was no valid appeal submitted within one year of the February 10, 2021 decision.

The Veteran's appeal to readjudicate service connection for lung growths, hypertension, a back disability, and a left hip disability has been dismissed due to the withdrawal of his agent.

The Board has granted the Veteran's claim of service connection for a back disability, finding that new and relevant evidence supports this determination. The Board also found no clear and unmistakable evidence to rebut the presumption of soundness at entry into service.

The Board denied the veteran's claim for service connection for a lumbar spine disability, to include degenerative arthritis, finding that there is no evidence linking his current condition to an in-service injury. The VA examiners concluded that the veteran's degenerative arthritis was more likely due to aging and wear and tear rather than any incident during service.

The Veteran's claims for effective dates prior to June 7, 2016, and increased ratings were denied. Service connection was not granted due to lack of evidence linking the disabilities to service or a service-connected condition. Increased ratings for lumbar spine degenerative disc disease and arthritis were also denied.

The Veteran's lumbar spine disability is currently rated at 10 percent, and the Board finds that it does not warrant a higher rating based on the evidence of record.

The Veteran's adjustment disorder with mixed anxiety and depression is rated at 30 percent, but the Board finds that it does not warrant a higher rating due to occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.,The Veteran's headaches are currently noncompensable. The evidence does not show characteristic prostrating attacks averaging one in two months over the last several months.

The Veteran's service-connected sleep apnea, back, knee, and shoulder disabilities prevent him from securing or following gainful employment. The Board finds the evidence to be in equipoise as to whether these conditions meet the criteria for a TDIU.

The Veteran's appeal for service connection on two claims (sleep disability and low back disability) has been dismissed due to the death of the Veteran.

The Board has remanded the claims of service connection for hypertension, OSA, and an eye disability due to a duty-to-assist error. The Veteran's hypertension claim is related to his exposure to herbicides in Vietnam, but the VA examination must provide a rationale regarding whether it is at least as likely as not that any diagnosed hypertension had its onset during active service or is related to any in-service disease or event.

The Board has granted the Veteran's claim for service connection for his lumbar spine disability, finding that it began during active service and is related to an in-service injury.

The Board has remanded the service connection claim for a lumbar spine condition and the TDIU issue due to insufficient medical opinion regarding the etiology of the Veteran's back condition.

The Board has remanded the claims for a new VA opinion to determine if the Veteran's current back and cervical spine disabilities are related to service, specifically whether they are due to aggravation of pre-existing conditions or onset during service.

The Veteran's degenerative joint and disc disease of the thoracolumbar spine with IVDS was initially granted, but a higher rating is denied as it does not meet the criteria for an initial disability rating greater than 20 percent.

The Board has decided to remand the case due to inadequate examination and medical opinion regarding service connection for lower back disability, which may be related to a service-connected left knee disability.