Back / lumbar spine decisions — 2024

The Board has decided to remand the Veteran's claims for a lower back disability and SMC Aid and Attendance due to inadequate examination regarding direct service connection.

The Board denied the Veteran's requests for earlier effective dates for service connection awards of intervertebral disc syndrome with degenerative disc disease other than intervertebral disc syndrome and spondylolisthesis and facet arthropathy, and right lower extremity radiculopathy.

The Board has found that the Veteran's degenerative disc of the lumbar spine was not incurred in or aggravated by service, and thus denied his claim for service connection.,For his left hand and shoulder conditions, the Board has determined that additional evidence is needed to determine if these conditions are related to service.

The Board has decided to remand both issues of service connection for degenerative disc disease of the lumbar spine and right lower extremity weakness and radiculopathy due to inadequate VA opinions. The Veteran's claims will be returned to the AOJ for further development.

The Veteran's lumbosacral strain is granted a 10 percent rating prior to February 6, 2007.,Radiculopathy of the left and right lower extremities are denied higher ratings than 10 percent.,Effective dates for service connection for radiculopathy of the left and right lower extremities are denied before April 13, 2017.

The Veteran's service connection claims for bilateral hearing loss, degenerative arthritis of the lumbar spine and related radiculopathy conditions are all granted. The Veteran also has a secondary service-connected spinal scar.

The Board has decided to remand the case due to a duty-to-assist error and requests additional information from the Veteran regarding his back disorder.

Service connection for erectile dysfunction is granted. Service connection for lumbar strain (claimed as low back condition) is remanded.

The Veteran's appeal for service connection for treatment purposes only under 38 U.S.C. Chapter 17 for adjustment disorder with mixed disturbances of emotions and conduct, personality disorder is dismissed as the issue has been fully granted. The claims for bilateral hearing loss, left hand disability, right hand disability, left knee disability, and right knee disability are all denied.

The Veteran's service-connected disabilities, including migraine headaches, bilateral knee strain, shin splints, lumbar and thoracic strains, and hypertension, render her unable to obtain or maintain substantially gainful employment.

The Veteran's service-connected disabilities, including his back, hip, and knee conditions, have rendered him in need of regular aid and attendance due to mobility issues that prevent him from performing daily activities independently. The Board has determined that the evidence supports granting SMC based on this need.

The Veteran was granted TDIU and SMC under the provisions of 38 U.S.C. § 1114(s) for unemployability due to service-connected disabilities, with an effective date of February 10, 2014.,DEA benefits were also granted from February 10, 2014.

The Veteran's claim for Individual Unemployability (TDIU) was denied as the evidence did not show he was unemployable due to service-connected disabilities prior to March 22, 2021.

The Board has decided to remand the claims for service connection for traumatic brain injury and lumbosacral strain due to a duty-to-assist error. The Veteran's VA treatment records from San Antonio, Amarillo Air Force Base, Hill Air Force Base, and Atlanta during his service period need to be obtained.

The Board has determined that the Veteran's request for HLR of the July 25, 2023 SSOC was timely. The AOJ should process the Veteran's timely filed VA Form 20-0996 as it pertains to his claims for entitlement to service connection outlined in the July 2023 SSOC.

The Veteran's claims for service connection for a back condition, bilateral hip condition, and bilateral knee condition have been remanded due to new evidence received after the final June 2022 rating decision.,Service connection has not been established for migraines.

The Veteran's appeals regarding TBI, cervical spine strain, tinnitus, and lumbosacral spine strain were dismissed because the appeal was not timely filed.

The Veteran's appeal for an increased rating in excess of 50 percent for PTSD has been dismissed.,The Veteran's claim for service connection for bilateral flat foot, fallen arches is dismissed due to the concurrent review request filed on May 19, 2022.,The Veteran's claims for service connection for a bilateral hip disability and a bilateral knee disability have been denied as there is no credible evidence of current disabilities.,The Veteran's claim for service connection for a lumbar spine disability has been denied due to the lack of competent medical evidence of a current disability.,The Veteran's claim for service connection for obstructive sleep apnea has been denied based on insufficient evidence.,The Veteran's claim for a compensable rating for bilateral hearing loss has been dismissed as there is no new and relevant evidence submitted after the initial decision.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and a TDIU is granted. The issues of increased ratings for various conditions are remanded.

The Board has determined that the Veteran's current degenerative disc disease with lumbar radiculopathy disability is causally related to service, and thus grants service connection for this condition.