Back / lumbar spine decisions — 2024

The Board has remanded the Veteran's claim for a back disability due to incomplete medical history and lack of records from his Reserve service. The case will be reviewed with consideration of the Veteran's STRs, lay statements, and any new evidence obtained.

The Board denied service connection for the Veteran's claimed acquired psychiatric disorder, neck disorder, lumbar spine disorder, left knee disorder, and right hand disorder due to lack of evidence linking these conditions to service. The Veteran's participation in willful misconduct during service is considered a bar to establishing service connection.

The Veteran's claim for an increased rating for his acquired psychiatric disorder is denied as the evidence does not support a higher disability rating.,The Veteran's claim for an increased rating for his lower back degenerative disc disease is remanded due to the need for a new medical examination.

The Board denied the Veteran's claim for service connection of lumbar degenerative disc disease (DDD) as there was no evidence to support a link between his current condition and his in-service injury. The Board found that the Veteran's back complaints were temporary, acute, and transitory during service.

The Veteran's appeal is remanded for further evaluation of his service-connected disabilities.,Service connection claims for type II diabetes mellitus and obstructive sleep apnea are also remanded.

The Veteran's lumbosacral spine degenerative disc disease, left lower extremity sciatic nerve disability, and PTSD have all been granted service connection.

The Veteran's claim for a higher rating for degenerative arthritis of the lumbar spine with spondylosis and intervertebral disc syndrome is granted, with a maximum rating of 40 percent. The claim for radiculopathy, left lower extremity (sciatic nerve) is also granted, with a maximum rating of 20 percent.

The Veteran's death was attributed to multiple blunt force injuries sustained in a motorcycle accident, not related to his service-connected conditions. The Board found no evidence linking the cause of death to active duty or service-connected disabilities.

The Veteran's right and left hip disorders are not service connected as they did not develop during active duty or due to a service-connected condition. The cervical spine disorder is also not service connected, with the exception of the lumbosacral strain which may be related to an in-service motor vehicle accident.,Both the right and left hip disorders were found not to have onset during service and are not linked to any service-connected conditions. The cervical spine disorder was associated with a motor vehicle accident.

The Veteran's claim for TDIU and basic eligibility for Dependents' Educational Assistance was granted from May 29, 2019. The appellant waived his right to attorney fees based on the August 2020 Rating Decision.

The Veteran's lumbar spondylosis at L5-S1 is currently rated at 40 percent, and the Board denies a higher rating. The appeal for service connection of bilateral hearing loss is denied.

The Veteran's claim for a higher rating for intervertebral disc syndrome with lumbosacral strain and degenerative arthritis was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine.,Service connection for sleep apnea was also denied as there is no persuasive evidence linking his current condition to service, and secondary service connection was not established.

The Veteran's appeal is remanded for further development, including a new VA examination to assess the severity of his back disability and its impact on incapacitating episodes requiring physician prescribed bedrest.

The Veteran's bilateral lower extremity radiculopathy and degenerative arthritis of the lumbar spine have been granted effective from February 1, 2011.,A separate noncompensable rating for bowel incontinence secondary to a lumbar spine disability has also been granted effective from February 1, 2011.

The Veteran's back condition and radiculopathy of the bilateral lower extremities are granted service connection as they are found to be related to his military service.

The Veteran's appeal for his left hip disabilities and his back disability has been withdrawn by his representative, resulting in the dismissal of all issues.

The Board is remanding the claims for severance of service connection for right and left lower extremity neuropathy, as well as degenerative disc disease with intervertebral disc syndrome. The Veteran contends that these conditions should not have been severed from his service-connected lumbar spine condition.

The Veteran's appeal for service connection for muscle weakness (myositis) is granted.,Service connection is remanded for the Veteran's claims of low back disability, headaches, and blood in stools.

The Board has determined that the Veteran's claims for earlier effective dates and increased evaluations are remanded due to a duty to assist error. The issues of entitlement to TDIU are also inextricably intertwined with these matters.

The Board has denied the Veteran's claims for service connection for lumbar spine condition, right knee disability, right toe condition, bilateral hearing loss, and tinnitus as there is no evidence of a current disability or link to military service.,Service treatment records did not show any complaints or diagnoses related to these conditions. Post-service medical records also lacked relevant findings.