Back / lumbar spine decisions — 2024

The Veteran was granted a TDIU effective June 8, 2019. The Board denied an earlier effective date for the award of TDIU as there is no evidence showing he was unable to secure or follow a substantially gainful occupation due to service-connected disabilities during the one-year period preceding his February 27, 2020 claim.

The Veteran's claims for service connection have been remanded due to the need for additional examinations and consideration of outstanding medical records.

The Veteran's lumbar spondylosis is remanded due to insufficient evidence regarding the severity of the condition, particularly in relation to functional ankylosis.

The Board has granted service connection for cervical and lumbar spine disorders, right upper extremity radiculopathy, and a right shoulder disorder. The left shoulder disorder claim is remanded for further consideration.

The Veteran's service-connected left knee replacement, right knee replacement, and lumbar stenosis are granted. The claims for evaluation of long thoracic nerve damage in the left shoulder and degenerative joint disease in the left acromioclavicular (AC) joint are remanded.

The Board has remanded the Veteran's claim for service connection for insomnia with fatigue (claimed as chronic fatigue syndrome) due to pre-decisional errors in fulfilling the duty to assist. The AOJ must obtain a medical nexus opinion regarding the etiology of the Veteran's insomnia and whether it is related to his military service, including his motor vehicle accident in service, service in Iraq, or toxic exposure risk activities (TERAs).

The Veteran's OSA is granted as proximately due to his service-connected major depressive disorder, while other issues are denied.

The Veteran's claim for service connection for shin splints has been granted due to the submission of new and relevant evidence. Effective dates have also been established for his claims of service connection for right and left lower extremity lumbar radiculopathy, both dating back to July 14, 2017. The Veteran's claim for higher initial ratings for his lumbar spine disability remains pending.

The Board has restored the Veteran's 40 percent rating for her back disability as there was no evidence of sustained improvement in her ability to function under ordinary conditions.

The Veteran's increased rating claim for myositis is granted, with a 20% evaluation effective prior to April 26, 2022. The service connection claim for degenerative disc disease of the lumbar spine remains denied. A TDIU based on service-connected disabilities is granted.

The Board has decided to remand the case due to insufficient evidence regarding a lower back condition incurred during active service. The Veteran's STRs are missing, and further examination is needed to determine if his current condition is related to his military service.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's current back condition is related to his service-connected left knee condition.

The Board has denied the Veteran's claims for service connection for neck and back disabilities, finding that there is no evidence linking these conditions to his military service.

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

The Board has dismissed the claims for service connection of left knee, right knee, and lower back conditions due to a deferred decision in the March 2020 rating decision.

The Veteran's eczema (folliculitis/infection) and sleep apnea syndromes (sleep disorder) are related to service, resulting in a grant of service connection for these conditions.,For the neck condition and knee conditions, the case is remanded as further medical examination and opinion are needed.

The Board has denied the Veteran's claims for service connection for right knee disorder and lumbar spine disorder due to a lack of competent or credible evidence of current disabilities. The claim for right knee disorder is denied as there is no evidence of any current right knee pain, and the claim for lumbar spine disorder is remanded due to inadequate examination.

The Board has remanded the Veteran's claims for service connection for a back disability and an increased rating for headaches due to pre-decisional duty to assist errors. The Veteran is required to provide a new VA examination to obtain an adequate etiology opinion.

The Veteran's degenerative arthritis thoracolumbar spine and bilateral lower radiculopathy are currently rated at 20 percent, but the evidence does not support a higher rating based on current symptoms.

The Veteran's appeal for a temporary total evaluation for lumbosacral strain with degenerative disc disease, lumbar spine, and spinal stenosis has been dismissed due to the appellant's withdrawal of the appeal.