Back / lumbar spine decisions — 2024

The Board denied the Veteran's motions to reverse or revise on the basis of clear and unmistakable error (CUE) in several rating decisions denying service connection for various conditions. The Veteran argued that VA failed to consider a truck accident during his military service, but the Board found no CUE as there was not clear evidence establishing the occurrence of the MVA.

The Veteran's service-connected disabilities render him unable to maintain substantially gainful employment, and a TDIU rating is granted.

The Board has decided to remand the Veteran's claims for an initial rating in excess of 20 percent for his service-connected lumbar spine and lower extremity radiculopathy disabilities due to pre-decisional duty to assist errors. The issues include degenerative disc disease with lumbar strain, left and right lower extremity radiculopathy of the femoral nerve, left and right lower extremity radiculopathy of the sciatic nerve, and TDIU.

The Board has decided that the Veteran's back disability is not service-connected, and a remand is required to obtain a VA medical examination.

The Board has granted service connection for a back disability, headaches, and a right shoulder disability. The Veteran's conditions are found to be at least as likely as not related to his military service.,Service connection is also granted for the Veteran's headaches, with the opinion that they are due to his time in service.

The Board has remanded the claims for an evaluation higher than 10 percent for cervical degenerative joint disease prior to March 5, 2019 and entitlement to a total disability based on individual unemployability due to service-connected disability (TDIU).

The Veteran's service-connected back disability did not prevent him from obtaining or securing substantially gainful employment prior to May 22, 2009.

The Veteran's TDIU and DEA benefits are granted from August 25, 2008. The effective date for TDIU is established based on the earliest claim of service connection for a lumbar spine disability, while the effective date for DEA benefits is set to match the TDIU grant.

The Board has granted service connection for the Veteran's low back condition and sciatica of both lower extremities, finding that these conditions are related to his military service.

The Board has granted the petition to readjudicate the claims of entitlement to service connection for a left knee disability and a back disability, but has remanded both claims due to new evidence presented by the Veteran during his hearing. The AOJ will need to provide additional medical opinions regarding the etiology of these disabilities.

The Veteran's low back, right lower extremity sciatic radiculopathy, right ankle, and left ankle disabilities were evaluated at the current ratings of 20 percent. The Board found that these conditions did not warrant higher ratings based on limitation of motion or other factors.

The Board has determined that the Veteran's back condition began during active service and is therefore granted service connection.

The Veteran's claims for increased ratings for lumbar spine disability and lumbar scar were denied. The Board found no evidence of unfavorable ankylosis in the lumbar spine, and there was no neurological abnormalities warranting separate ratings other than bilateral lower extremity radiculopathy. For the lumbar scar, a compensable rating prior to December 23, 2020, and in excess of 10% thereafter, was denied.

The Board has denied service connection for Posttraumatic Stress Disorder, Low Back Condition, and Neck Condition during the appeal period.

The Board denied the Veteran's request for an earlier effective date for service connection of a low back disorder, finding that no prior decision was final and thus no effective date could be assigned.

The Veteran's claim for restoration of a 40% rating for DJD of the lumbosacral spine from September 30, 2019 is granted. Claims for higher ratings are denied.

The Board has remanded the claims for service connection due to new medical opinions being needed on whether the Veteran's service-connected right knee disability caused or aggravated his claimed conditions, including CAD, hypertension, OSA, pancreatic cyst, lumbar spine disorder, type II diabetes mellitus, diabetic retinopathy, diabetic nephropathy, peripheral vascular disease, testosterone deficiency, colon disorder, and foot disorder.

The Veteran's claim for service connection for left ear hearing loss is denied as there is no evidence of a current disability meeting the criteria under VA regulations.,Service connection for PTSD is denied because the Veteran does not meet the diagnostic criteria for PTSD in accordance with DSM-5.

The Board has remanded the case due to a duty-to-assist error, requiring the AOJ to provide the Veteran with a VA back conditions examination and medical nexus opinion regarding his thoracolumbar spine disorder.

The reduction in rating from 10% to non-compensable for a right hip strain, limitation of flexion was improper and is void ab initio; therefore, the appeal is granted.,An increased rating in excess of 10% for a right hip strain, limitation of extension is denied.,An initial compensable rating for a right hip strain, limitation of abduction/adduction is denied.,From July 31, 2017, an increased rating in excess of 10% for a back condition is denied.