Back / lumbar spine decisions — 2024

The Veteran's claims for higher ratings for his service-connected low back and bilateral shoulder disabilities, as well as the extension of a temporary total disability rating due to convalescence following surgery on his lumbar spine, are being remanded due to failure to substantially comply with previous Board instructions.

The Veteran's claim for service connection for sleep apnea is granted as secondary to his service-connected depressive disorder and other conditions. His claim for an increased rating for depressive disorder is also granted, but the claim for migraine headaches and lumbar spine condition remains pending.

The Veteran's claim for service connection and rating of left lower extremity radiculopathy, as well as his SMC based on housebound criteria, were granted effective March 14, 2014. The Veteran is now rated at 10% for this condition.

The Board has granted the Veteran's claim for service connection for his back disability, finding that there is an equal balance of credible evidence in favor of the Veteran's claim and granting the benefit of the doubt to him.

The Veteran withdrew his appeals, satisfied with his 100 percent disability rating.

The Board has determined that the Veteran's back disorder, including back pain and degenerative arthritis, likely existed during his active duty service. As a result, the claim for service connection is granted.

The Board dismissed the Veteran's appeals for service connection on multiple conditions due to untimely filing of VA Form 10182.

The Board has determined that the claim of service connection for a back disability must be remanded due to pre-decisional duty-to-assist errors, including incomplete verification of periods of active duty and reserve service, lack of complete service treatment records, and need for an additional VA medical opinion on the etiology of the Veteran's current back disability.

The Board has decided to readjudicate the Veteran's claim for service connection for his back condition. However, due to an inadequate VA examination, the case is being remanded for a new opinion regarding whether the Veteran's back condition was related to being trampled on during basic training.

The Board has decided to remand the claims for lumbar spine disability, RLE radiculopathy, and LLE radiculopathy due to duty-to-assist errors. Specifically, efforts should be made to obtain Reserve records related to the Veteran's treatment in San Diego.

The Board has granted service connection for low back pain, tinnitus, right knee strain, left knee status post arthroscopy, and bilateral flat feet. The claims for service connection for these conditions are all considered to be direct service connections based on evidence of in-service injury or event.

The Veteran's claims for service connection for neck and lower back conditions have been readjudicated, but the RO/AOJ did not consider the need for a medical examination or opinion. The case is being remanded to obtain relevant records from workers' compensation and private medical providers.

The appeal is denied as the October 2020 rating decision that adjusted the effective date for the Veteran's increased disability rating was proper, and service connection for lumbosacral spine degenerative disc disease, status post discectomy and fusion remains valid.

The Veteran's initial claim for a respiratory disability, thoracolumbar DJD, and bilateral lower extremity radiculopathy has been granted. The Veteran is now entitled to a 10 percent rating for his restrictive lung disease, a 20 percent rating prior to September 5, 2020, and an initial 40 percent rating from November 24, 2015, to September 5, 2020, for his thoracolumbar DJD. He is also entitled to separate 10 percent ratings for right lower extremity radiculopathy prior to November 24, 2015, and an initial 40 percent rating from that date to September 5, 2020, and a greater than 40 percent rating thereafter. The Veteran is not entitled to higher ratings for his left lower extremity radiculopathy.

The Board has determined that the VA did not make reasonable efforts to obtain relevant private medical records, including from the Pine Bluff Arsenal. The Veteran's claims for service connection are being remanded for further development.

The Board has determined that the appellant's right knee and upper back conditions did not begin during his periods of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA), and thus, service connection is denied.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain substantially gainful employment prior to March 12, 2021. The Board has determined that the criteria for a TDIU from March 12, 2021 have been met.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the onset and etiology of his claimed conditions. The issues include back pain, bilateral knee disabilities, chronic allergies, chronic bronchitis, and bilateral foot conditions.

The Veteran's appeals for an increased rating and TDIU have been dismissed as the issues are pending in a legacy appeal system.

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