Back / lumbar spine decisions — 2024

The Board has remanded the cases for further development and examination to address the severity of the service-connected conditions, including PTSD, left knee tendonitis and tendinosis, right knee strain, and lumbosacral strain.

The Veteran has withdrawn his appeals regarding earlier effective dates and higher disability ratings for various conditions, including left hip arthritis, peripheral vascular disease, degenerative arthritis with lumbosacral strain, right knee arthritis, and ankle strain. The Board dismissed the appeal due to the withdrawal.

The Veteran's service connection claims for left knee, right knee, and low back conditions have been granted.

The Board has remanded the Veteran's claims for lumbar spine disorder and left shoulder disorder due to insufficient evidence at the time of the July 2020 rating decision. The AOJ is required to obtain additional medical opinions addressing all theories of entitlement.

The Veteran's radiculopathy of the left lower sciatic nerve is not productive of moderately severe or severe incomplete paralysis, and thus he does not meet the criteria for an evaluation in excess of 20 percent.,Similarly, his radiculopathy of the left lower femoral nerve also does not meet the criteria for an evaluation in excess of 20 percent due to moderate incomplete paralysis.,The Veteran's lumbar spine disability is remanded for additional examination and analysis.

The Board has restored a 20 percent disability rating for the Veteran's service-connected degenerative arthritis with lumbar spine disability, effective June 13, 2023, as the reduction was improper due to lack of sustained material improvement under ordinary conditions of life and work.

The Board has remanded the claims for service connection for lumbosacral strain and left ankle sprain due to deficiencies in the medical opinions provided. The appellant is seeking service connection for these conditions, which are currently denied.

The Veteran's back brace caused wear and tear on his clothing, but he does not have a service-connected elbow disability or skin condition requiring the use of topical steroid cream. The Board has granted an annual clothing allowance for the back brace in 2020.

The Board has remanded the Veteran's claims for service connection and increased rating of right hip disabilities due to a pre-decisional duty-to-assist error. The Veteran is required to be scheduled for VA examinations to address her back disability and right hip disabilities, including assessing the severity of her symptoms during flare-ups and with repeated use over time, as well as considering the effects of medication.

The veteran withdrew their appeals for chronic low back pain and right knee pain, leading to the dismissal of these cases.

The appeal for an initial rating in excess of 70 percent for PTSD is dismissed. The Veteran's claim for a TDIU from May 1, 2017 is granted.

The Veteran's claims for cervical spine DDD, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, and anterior neck scar service connection were denied. The effective dates for these awards are fixed in accordance with the facts found.

The Board has decided to remand the cases of lumbosacral strain and right knee injury/condition due to inadequate medical opinions in the original decision. The Veteran's claims will be reviewed again with a new VA examination.

The Veteran's appeal for an effective date earlier than December 1, 2020 for the addition of his dependent child D.D. to his compensation award was denied as there is no evidence of an earlier application submitted within one year of notification.

The Board has decided to remand the claims of service connection for left knee and low back injuries due to duty-to-assist errors. The Veteran's treatment records from a VA medical center in Delaware are missing, and an addendum opinion is needed regarding his low back injury.

The Board has determined that remand is necessary to obtain new VA examinations and a retrospective opinion for the Veteran's lumbar spine disability and right hip disability. The issues of rating higher for these conditions are being remanded.

The Veteran's lumbar spondylosis was previously rated at 40 percent, but the reduction to 20 percent in March 2016 was improper. The Board has restored the 40 percent rating for lumbar spondylosis effective January 25, 2016. However, the Veteran's claim for a non-initial rating in excess of 40 percent for lumbar spondylosis is denied.

The Board has determined that the Veteran's timely filing of a VA Form 9, Appeal to the Board, in January 2021 was not properly considered due to an error by the AOJ in not mailing the March 2020 SOC to the Veteran's representative. As a result, the appeal is granted and the case will proceed with issuance of an SSOC.

The Board has determined that the Veteran's low back disability and seizure disorder cannot be service connected due to lack of evidence linking these conditions to his military service. The case is being remanded for further examination and opinion regarding potential Gulf War exposure as a possible cause.

The Board has granted an effective date of April 10, 2018 for the award of a 40 percent rating for the Veteran's lumbar spine disorder and denied a higher rating.