Back / lumbar spine decisions — 2024

The Veteran's claims for service connection are being remanded due to duty-to-assist errors. The Veteran failed to attend scheduled VA examinations and the AOJ did not properly develop the claim in accordance with M21-1 provisions governing claims involving foreign residency.

The Veteran's right shoulder condition is granted service connection. The evaluations for IVDS and sciatic radiculopathy are remanded. Service connection for chronic cough, sinusitis, allergic rhinitis, bilateral plantar fasciitis, and left shoulder condition are also remanded.

The Board has denied service connection for right wrist, left wrist, and cervical spine disabilities due to the lack of current disability evidence. The Veteran's claims for acquired psychiatric disorder, lumbar spine disability, bilateral knee disabilities, bilateral foot disability (claimed as flatfeet), sleep apnea, and skin condition are remanded.,The Board has denied service connection for right wrist, left wrist, cervical spine, and lumbar spine disabilities due to the lack of current disability evidence. The Veteran's claims for acquired psychiatric disorder, bilateral knee disabilities, bilateral foot disability (claimed as flatfeet), sleep apnea, and skin condition are remanded.

The Board has decided to remand the Veteran's claims for service connection for kidney disability, left knee disability, low back disability, and neck disability due to potential duty-to-assist errors prior to the January 2023 decision. The VA is required to obtain relevant Community Care records from VistA Imaging system and provide the Veteran with appropriate examinations to determine the etiology of his disabilities.

The Veteran's claims for service connection have been remanded due to insufficient evidence.,The Board is unable to grant an earlier effective date as the claim was not filed within one year of separation from service.

The Veteran's claims for specially adapted housing and home adaptations are remanded due to the need for current medical examinations and opinions regarding his service-connected back disability and associated radiculopathy.

The Veteran's claims for service connection for various conditions are being remanded due to the need for VA examinations.

The Board has remanded the case due to a failure to obtain relevant private chiropractic treatment records from Dr. M.H. of Coastal Chiropractic, which are necessary for a proper determination on service connection for a lumbosacral spine disability.

The Board has dismissed the appeals for right knee disability, left knee disability, and back disability as the appellant requested withdrawal of the appeal.

The Board has decided to remand the case due to inadequate medical opinions and a need for further development. The Veteran's current diagnoses of lumbosacral strain, intervertebral disc syndrome, and retrolisthesis of L5-S1 are related to his active-duty service.

The Veteran's non-VA medical care provided by Jordan Valley Emergency Medical Services (JVEMS) on November 23, 2020, for low back pain and a non-displaced sacral fracture was reimbursed as it met the criteria under 38 U.S.C. § 1725.

The Board has remanded the case due to inadequate examination regarding the Veteran's lumbar spine pain. The Veteran is seeking service connection for his claimed condition.

The Board has remanded several claims for increased ratings and service connection due to duty-to-assist errors, including obtaining private treatment records and VA examinations.

The Board has reopened the Veteran's claim for service connection for sleep apnea due to submission of new and relevant evidence. The effective date for the increased rating of lumbosacral strain is set at July 16, 2021. The remaining issues are remanded for further review.

The Veteran's claim for service connection for lumbar degenerative arthritis, degenerative disc disease, intervertebral disc syndrome, and spinal stenosis (claimed as back condition) has been denied due to the lack of evidence showing a link between his current disability and service.,Service connection for bilateral leg cramps was also denied because there is no objective clinical evidence confirming a diagnosis during the review period.

The Veteran's appeal for an increased rating for his right total knee replacement has been withdrawn.,An effective date of July 11, 2022, is granted for the award of service connection for right lower extremity radiculopathy.,The claim for an earlier effective date for left knee anterior cruciate ligament tear and osteoarthritis remains denied as there was no pending or unadjudicated claim prior to June 28, 2022.,Service connection is granted for the left medial malleus fracture status post open reduction internal fixation.,An increased rating of 10 percent is denied for right knee instability before March 22, 2010.,An increased rating of 10 percent is denied for left knee anterior cruciate ligament tear.,An increased rating of 10 percent is denied for low back strain with scoliosis and degenerative joint diseases with intervertebral disc syndrome.,A compensable disability rating is denied for right lower extremity radiculopathy.

The Veteran's claims for service connection for fibromyalgia, bilateral neurological disability of the upper extremities, and various evaluations for his lower extremity radiculopathies were denied. The Veteran's dominant wrist condition was also denied an evaluation in excess of 30 percent.,Service connection for fibromyalgia was not granted as there was no diagnosis of this condition.

The Veteran's claim for service connection of a right thumb disability is denied as there is no evidence of current disability. The Veteran's claim for temporary total evaluation based on treatment of a service-connected or other condition subject to compensation (right anterior thigh drain) is also denied.,The Veteran's claim for an increased rating for lumbosacral strain, currently rated at 20%, is remanded as the VA examinations were inadequate and further examination is needed.

The Board has decided to remand the claims for right leg shin splint and low back pain due to service, as a VA examination is needed to determine if these conditions are related to service. The Veteran's STRs document his complaints of shin splints and back pain during service.

The Veteran's service-connected disabilities, including persistent depressive disorder and multiple musculoskeletal conditions, have rendered him unable to secure or follow substantially gainful employment since January 30, 2020. The Board has remanded the issues of service connection for shoulder and hip arthritis.