Back / lumbar spine decisions — 2024

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and inadequate medical opinions.

The Board denied service connection for bilateral hearing loss due to the lack of a current disability meeting VA's regulatory requirements.,The Board also denied service connection for a back disorder, finding that the Veteran does not have a current condition or persistent symptoms thereof that began in service.

The Veteran withdrew his appeal, and the Board dismissed all issues related to severing service connection for various conditions.

The Board has granted service connection for the Veteran's lumbar facet syndrome, finding that it is at least as likely as not incurred in or caused by his military service.

The Veteran's service-connected disabilities, including sciatic nerve conditions and gout-related disabilities, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on the combined rating of 80% due to these service-connected conditions.

The Board has denied the Veteran's claim for service connection for a right knee disability due to lack of evidence showing an in-service injury or disease. The low back disability is being remanded as there was no opinion on whether it is aggravated by a service-connected left knee condition.

The Board has remanded the claims due to duty-to-assist errors that occurred prior to the rating decision on appeal, including incomplete service personnel records and inadequate medical opinions.

The Veteran's lumbar spine disability is rated at 10 percent, and the claims for TDIU and DEA benefits are granted effective December 3, 2020.

The Veteran's service connection claims for arthritis of the lumbar spine, left knee strain, and diabetes mellitus are granted. The claim for fibromyalgia is denied. The Veteran's left knee strain rating is maintained at 10 percent.

The Board has remanded the claims for entitlement to service connection for an acquired psychiatric disorder and a back disability due to pre-decisional duty to assist errors. The Veteran's anxiety is found to be related to service, while his back disability may also have its onset in service.

The Veteran's claims for service connection for a back disorder and peripheral neuropathy are being remanded due to duty-to-assist errors in the initial decision.

The Veteran's claims for increased ratings and service connection have been granted with effective dates of June 25, 2021. Basic eligibility to Dependents' Educational Assistance (DEA) has also been granted.

The Board denied service connection for prostate cancer, fibromyalgia, reflex sympathetic dystrophy, chronic arthritis, left ankle disability, cervical spine (neck) disability, lumbar spine disability, radiculopathy of the left lower extremity, and radiculopathy of the right upper extremity as there is no evidence of an in-service injury or event related to these conditions.

The Veteran withdrew his appeal, requesting to withdraw all issues related to the initial evaluation for left shoulder strain and service connection for various conditions including right shoulder strain, right ankle sprain, left ankle sprain, anxiety, right knee disability, left knee disability, erectile dysfunction, lumbosacral strain, migraines headaches, right upper hand nerve damage, left upper hand nerve damage, and sleep disturbances and/or insomnia.

The Board has remanded the Veteran's claims due to errors in obtaining medical opinions and addressing all issues related to his stroke and its residuals, as well as service connection for various disorders. The AOJ is required to obtain an independent medical opinion from a radiologist or neurologist regarding the 1151 claim and review the Veteran's neurological evaluations, MRIs, and CT scans. Additionally, a VA examiner must provide a medical opinion on whether the stroke and residuals are related to service.

The Board has determined that the Veteran's claim for service connection for residuals of back injury should be remanded due to a failure to provide a VA examination and medical opinion, which is necessary to determine if his current disability is related to his military service.

The Board has denied service connection for allergic rhinitis due to its preexistence prior to service and not being aggravated by service. The remaining issues of sleep apnea, cervical spine disorder, and low back disorder are remanded for further development.

The Board dismissed the appeal for an increased rating of a back disability as the appellant requested withdrawal before a decision was made.

The Board has granted service connection for thoracolumbar spine disorder, right hip disorder, right knee disorder, left knee disorder, and left ankle disorder. The Veteran's obstructive sleep apnea is also considered secondary to his service-connected orthopedic disabilities.

The Board has remanded the case due to a lack of an adequate medical opinion regarding whether the Veteran's current back disability was caused or aggravated by his service-connected left leg disability. The Veteran is seeking service connection for a back disability, which he contends is related to his service.