Back / lumbar spine decisions — 2024

The Veteran's claim for service connection for a lumbar spine disability was denied multiple times before being granted effective from March 22, 2021. The effective date is set at this new determination based on the evidence of record as of that date.

The Veteran's service connection for lumbar strain and left lower extremity nerve disability was granted with effective dates of April 21, 2014. A 20% rating is assigned for the initial period from April 21, 2014.,For the entire initial rating period from April 21, 2014 to present, a disability rating in excess of 20% for lumbar strain is denied.

The Veteran's claims for right shoulder and right knee disabilities were granted with an effective date of September 4, 2020. The Board is remanding the issues of service connection for sleep apnea (secondary to psychiatric disability) and lumbar spine disability.,The Veteran has not provided a clear indication that he believes his lumbar spine disability is related to service.

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

The Veteran's service-connected degenerative disc disease of the thoracolumbar spine has prevented him from securing and following substantially gainful employment since November 3, 2011. The Board granted a total disability rating based on individual unemployability (TDIU) with an effective date of November 3, 2011.

The Board dismissed the appeal for higher ratings of service-connected low back disability as it was a ministerial implementation of a prior decision.

The Board has denied service connection for hypertension and a lumbosacral spine disability, finding that the Veteran's conditions did not begin during or as a result of his military service.

The Veteran's appeal for service connection on the merits of his left knee, right knee, and lumbar spondylosis disabilities has been remanded due to duty-to-assist errors. The Board will seek additional private treatment records and schedule a VA examination to address the etiology of his lumbar spine disability.

The Board has granted service connection for tinnitus and remanded the claims of service connection for eczema, GERD, tension headaches, lumbar spine strain, ED, and OSA.

The Veteran's appeal is remanded for further development, including obtaining medical records and providing a retrospective opinion on the severity of his lumbar and cervical spine disabilities.

The Veteran's back and left knee disabilities are remanded for further examination to determine if they were aggravated by his service-connected right ankle disability.

The Board has decided to remand the cases for a VA examination and opinion regarding the Veteran's claimed conditions, as there is insufficient evidence of record to make a determination on the merits.

The Veteran's claims for service connection and increased ratings have been denied.,Effective dates prior to April 16, 2009, are not warranted for the awards of service connection or increased ratings.

The Veteran's appeals for TDIU and a higher rating for lower back degenerative arthritis have been dismissed due to the death of the appellant. The Board has no jurisdiction to adjudicate these claims as they are now moot.

The Board denied service connection for a back disability, finding that the Veteran's current condition is not related to her in-service motor vehicle accident and there was no chronicity of symptoms during or following service. The VA examiner's opinion supported this conclusion.

The Veteran's PTSD is rated at 50% since May 17, 2022. The Board has remanded the claims for service connection of hypertension, detached retina disorder, and back disorder.

The Veteran's tinnitus is currently rated at the maximum allowable under VA regulations, and a higher rating is denied.,Service connection has been granted for left knee, neck, and low back disabilities based on in-service injury.,Service connection has been granted for eye condition (cataracts), right foot disability, skin rash, and obstructive sleep apnea based on in-service injury and competent lay statements.,The Veteran's tinnitus is currently rated at the maximum allowable under VA regulations, and a higher rating is denied.

The Board has determined that there are errors in the decision-making process regarding service connection for low back condition and unspecified anxiety disorder, necessitating further examination or opinion to determine their etiology.

The appeal is remanded due to the need for further evaluation and evidence regarding service connection for low back disability, diabetes mellitus, heart disease, and hypertension.

Service connection is granted for back arthritis and neck arthritis as secondary to service-connected lumbar spine degenerative disc and joint disease (back arthritis).,Service connection is also granted for bilateral lower extremity radiculopathy, with right upper extremity radiculopathy being secondary to service-connected cervical spine degenerative disc and joint disease (neck arthritis), and left lower extremity radiculopathy being secondary to service-connected lumbar spine degenerative disc and joint disease (back arthritis).