Back / lumbar spine decisions — 2024

The Board has determined that new and relevant evidence regarding a current diagnosis of GERD has been submitted, warranting readjudication of the claim for service connection. The claims for low back disability, right knee disability, and sleep apnea are not warranted for readjudication as no new and relevant evidence has been provided.

The Veteran's current low back condition is at least as likely as not related to his fall on a rail while in service, and the Board finds him entitled to service connection for this condition.

The Veteran's appeals for service connection on multiple conditions were dismissed due to the death of the appellant during the pendency of the appeal.

The Veteran's left lower extremity sciatic nerve radiculopathy is rated at 10 percent, and the Board finds a rating in excess of 10 percent is warranted.,The Veteran's degenerative disc disease other than intervertebral disc syndrome status post spinal fusion is rated at 20 percent.

The Veteran's claim for a rating in excess of 10 percent for mechanical low back pain and lumbosacral strain with degenerative disc disease L3-4 was denied. The Board found that the evidence did not support a higher rating based on limitation of motion or other factors. Service connection for right lower extremity radiculopathy and left lower extremity radiculopathy were also denied as there is no evidence of secondary service connection.

The Board has granted earlier effective dates for the right and left lower extremity radiculopathy of the sciatic nerve, as well as TDIU based on service-connected disabilities.,The Veteran's lumbar spine disability was initially rated in April 2018, and the Board found that his claims for separate ratings for related neurologic impairment were part of this initial claim.

The Board denied the Veteran's claims for earlier effective dates for his service connection for lumbosacral strain with degenerative disc disease, right lower extremity sciatica pain, and left lower extremity sciatica pain. The appeal was not granted as the Veteran did not continuously pursue his claim within one year of the April 2019 decision.

The Board denied service connection for lumbar spine injury pain and cervical spine injury pain as claimed, finding no current diagnoses related to these conditions during the appeal period.,Service connection was not granted due to a lack of evidence linking the Veteran's current conditions to his military service.

The Board has granted the Veteran's claim for service connection for a cervical spine disability, finding that his current symptoms are related to his service-connected left shoulder disability. The Board considered new evidence submitted by the Veteran and found it relevant to the issue of whether his cervical spine disability is aggravated by his service-connected left shoulder disability.

The Board has remanded the claims for a lumbar spine disability and an acquired psychiatric disorder due to inadequate medical opinions and inextricably intertwined issues.

The Veteran withdrew his appeal, indicating he no longer wished to pursue the claims for service connection and rating determinations related to right lumbar radiculopathy, left lumbar radiculopathy, IBS, a lumbar spine disability, right knee disability, and left knee disability.

The Board has determined that the Veteran's right ankle, right knee, and left knee conditions are etiologically related to service.,Service connection is granted for these conditions.

The Veteran's claims for earlier effective dates for service connection were granted, with the effective date set at November 21, 2019. The Board found that the Veteran had submitted an intent to file a claim on November 21, 2019, and filed his formal application in September 2020.

The Veteran's claims for increased ratings for her lower back disability and sciatic nerve radiculopathy of the left lower extremity are being remanded due to inadequate VA examinations. The Veteran is currently rated at 10 percent for both conditions, but she contends that these should be higher.

The Veteran's tinnitus is granted as service-connected.,The Veteran's low back, right knee, left knee, right shoulder, and left shoulder conditions are remanded for further development.,The Veteran's psychiatric condition (including PTSD, major depressive disorder, and anxiety disorder) and hypertension are remanded for further development.,The Veteran's obstructive sleep apnea is remanded for further development.

The Board has remanded the Veteran's claims for service connection for left knee disorder, right knee disorder, and thoracolumbar spine disorder due to inadequate medical opinions.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance is remanded due to a pre-decisional duty to assist error. The Board requires an adequate VA examination to clarify whether the Veteran's service-connected disabilities cause him to require the aid and attendance of another.

The Board denied a higher rating for the Veteran's lumbar myositis, low back sprain condition, finding that the evidence did not show forward flexion of the thoracolumbar spine limited to 30 degrees or less or favorable ankylosis. The current evaluation of 20 percent is therefore maintained.

The Veteran's lumbosacral strain disability was rated at 10 percent from December 18, 2018 to November 20, 2019. The Board found that the symptoms did not meet criteria for a higher rating during this period.

The Board has granted service connection for a back condition as secondary to the Veteran's service-connected bilateral knee iliotibial band syndrome and strain with shin splints, and also granted service connection for radiculopathy of the bilateral lower extremities.