Back / lumbar spine decisions — 2024

The Board has remanded the Veteran's service connection claims for various conditions due to inadequate VA examinations and medical opinions. The issues include right knee disorder, left knee disorder, left foot disorder (also claimed as left Achilles), lumbar spine disorder, inguinal hernia, bilateral lower radiculopathy, and acquired psychiatric disorder.

The Board has remanded the Veteran's claims for fibromyalgia, cervical spine, thoracolumbar myofascial syndrome, left wrist tendonitis with ganglion cyst and carpal tunnel syndrome, right shoulder rotator cuff tendonitis, and left shoulder disability due to a lack of adequate development.

The Veteran's appeal to the Board for service connection of major depression and back disability from June 2019 and January 2020 rating decisions has been dismissed as untimely.

The Board has remanded the case due to errors in the decision and a need for further development, including obtaining an addendum opinion from a clinician.

The Board has already decided the issues of entitlement to increased ratings for left lower extremity radiculopathy and low back disability, as well as the effective dates for these increased ratings. The appeal is dismissed because it would violate the doctrine of claim preclusion.

The Board has restored the Veteran's lumbar strain rating from 40 percent to 20 percent effective July 1, 2020. The medical evidence did not show improvement in the Veteran's ability to function under ordinary conditions of life and work.

The Board dismissed the Veteran's claims for increased compensation ratings for bilateral hip disabilities and granted service connection for a lumbar spine disability with radiculopathy.

The Board has denied the Veteran's claims of service connection for right knee, lumbosacral spine, left leg, and left hip disabilities due to a lack of evidence showing these conditions were incurred or aggravated by military service.

The Veteran's lumbar spine condition is currently rated at 20 percent, with a combined ROM of the thoracolumbar spine of 95 degrees. The rating is denied as it does not meet the criteria for a higher disability level.,Both right and left lower extremity radiculopathy are currently rated at 20 percent and 10 percent respectively. The ratings are denied as they do not meet the criteria for a higher disability level.

The appeal has been dismissed due to the Veteran's death. The issues related to service connection and rating increases are not addressed as they pertain to a deceased Veteran.

The Veteran's claim for an effective date prior to February 25, 2019, for a 20 percent rating for cervical spine degenerative disc disease was denied.,The Veteran's claim for an effective date prior to February 25, 2019, for a 40 percent rating for persistent depressive disorder was denied.

The Veteran's service-connected disabilities, including Parkinson's disease and its associated conditions, have rendered him unable to secure and follow substantially gainful employment since May 22, 2013.

The Veteran's claims for increased ratings for his service-connected low back disability and left sciatic nerve radiculopathy are being remanded due to the need for additional examinations and consideration of duty-to-assist errors.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal. The claims for service connection were not addressed as they are now moot.

The Veteran's service-connected disabilities are significant, but his employment status is unclear. The Board finds a pre-duty to assist error and remands for clarification of the Veteran's work status since November 2020.

The Board has remanded the claims for service connection for migraines, chronic pain syndrome, and low back pain due to a lack of VA attempts to obtain relevant medical records. The Veteran's lay statements and a non-VA orthopedic surgeon's opinion will be addressed in the examination.

The Veteran's back disability and bilateral lower extremity radiculopathy have been granted effective July 1, 2011.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation since December 13, 2018.

The Veteran's PTSD with Bipolar Disorder, Anxious Distress, and Alcohol Use Disorder was restored to a 50% rating effective February 1, 2020.,An initial 10% rating for the service-connected low back disability is granted.

The Veteran's service-connected disabilities, including multiple myeloma and back disability with associated neuropathy, meet the schedular criteria for a TDIU prior to August 10, 2022. The case is being remanded for further adjudication.