Back / lumbar spine decisions — 2024

The Veteran's service connection claim for chronic kidney disease and degenerative disc disease of the thoracolumbar spine was denied. The Board also remanded claims for increased ratings for radiculopathy in both lower extremities.

The Board has decided to remand the Veteran's claims for sleep apnea, back disability, and right shoulder disability due to inadequate VA examinations. The Veteran will need new examinations to determine if his conditions are related to service or caused by other conditions.

The Board has ordered the VA to seek additional records and complete certain tasks related to the Veteran's claims for increased ratings of his back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Veteran's intervertebral disc syndrome of the lumbar spine is rated at a 40 percent effective January 31, 2019.

The Board dismissed the appeal as it was improperly docketed and service connection for the claimed conditions has already been established in a previous decision.

The Veteran's claims for an earlier effective date for the 100 percent rating for PTSD, persistent depressive disorder to include TBI, and posttraumatic headaches are denied. The claim for restoration of the 30 percent rating for hypothyroidism is granted.

The Veteran's claims for service connection are remanded due to the submission of additional issues not addressed in previous AOJ decisions. The TERA exposure and development is also required.

The Board has remanded the claims for TDIU and DEA benefits due to service-connected disabilities, as there is a duty-to-assist error regarding a private vocational opinion submitted in February 2014. The Veteran's entitlement to an extra-schedular TDIU prior to March 1, 2011, will be referred to the Director of Compensation for consideration.

The Veteran's appeal for a higher disability rating for lumbosacral strain is being remanded due to an inadequate examination report from the previous VA examination, which did not consider all of his symptomology and functional limitations.

The Veteran's rating for lumbosacral strain status post thoracic degenerative disc disease with bulging discs and intervertebral disc disease was reduced from 20 percent to 10 percent, effective September 26, 2018. The appeal regarding this reduction is dismissed as the Veteran did not validly opt into the modernized review system (AMA).

The Veteran's death was not caused by a service-connected disability, and he did not meet the requirements for DIC under 38 U.S.C. § 1318 or service connection for cause of death.

The Board has dismissed the appeal for service connection of back disability due to it being decided prior to the implementation of the Appeals Modernization Act. The right leg neuropathy and acquired psychiatric disabilities (anxiety and major depression) are remanded for further review.

The Veteran's service-connected disabilities rendered him unemployable, and the Board granted his TDIU claim from March 22, 2014.

The Veteran's appeal was dismissed without prejudice as he did not reference a specific rating decision in his NODs and the issues were already part of a Legacy Appeal system.

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected thoracolumbar spine disability, finding that the evidence supports a link between his back condition and his leg pain.

The Board has granted an effective date of May 20, 2014, for the award of service connection for lumbar spine disability as secondary to left knee chondromalacia patella.

The Veteran's claim for a higher evaluation for his lumbar spine degenerative disc disease was denied. The Board also found that the effective date of the grant of a 10 percent evaluation for this condition cannot be earlier than August 11, 2010. Additionally, the Veteran's claim for total disability based on individual unemployability was denied.

The Board has granted the Veteran's claim for service connection for a lower back condition, finding that new and relevant evidence supports this determination.

The Board has granted the Veteran's claim for service connection for a lumbar spine disability, finding that his current condition is at least as likely as not related to service.

The appeal with respect to the issue of entitlement to service connection for an acquired psychiatric disability is dismissed.,Service connection for migraines is granted.