Back / lumbar spine decisions — 2024

The Board has determined that the AOJ's decision on appeal is remanded due to a lack of adequate VA examination and incomplete medical records. The Veteran's claim for service connection for lumbar spine osteoarthritis and lumbosacral strain (previously back injury) will be reconsidered with an addendum VA medical opinion.

The Board has decided to remand the case due to errors in duty to assist and inadequate examination, requiring further review of the claim for service connection for a low back disability.

The Board has granted service connection for Multiple Sclerosis, Right Knee Strain, Mild Facet Arthrosis of the Lumbar Spine, and Optic Neuritis. The rating assigned is 80 percent for each condition.

The Veteran's death was not due to service-connected conditions, and the VA examiner's opinion did not address inconsistencies in the autopsy report. The case is remanded for an addendum opinion.

The Board has determined that the Veteran's current cervical spine condition, including cervical degenerative disc disease, intervertebral disc syndrome, and spinal stenosis, is at least as likely as not related to his reported motor vehicle accidents in service. As a result, the claim for service connection for a neck disability is granted.

The Veteran's lumbosacral strain with degenerative traumatic arthritis of the spine was previously evaluated at a 20% rating effective September 25, 2019. The Board has determined that an adequate VA examination is needed to determine the current severity of his condition.

The Board found that the reduction in disability evaluation from 40 percent to 20 percent for a back disability was improper and void ab initio, restoring the Veteran's original 40 percent rating.

The Board has granted service connection for a lumbar spine disability, finding that the evidence is in approximate balance and favors an award of service connection as directly related to service.

The Board has granted the Veteran's claim for service connection for lumbar spine disc disease with radiculopathy, finding that his current back disability had its onset during service and is related to an in-service injury. The decision also notes that there are no fire-related records of his service treatment records.

The Veteran's claim for an earlier effective date for service connection of lumbosacral strain was denied as the earliest possible effective date is February 21, 2018, when he notified VA of his intent to file a new claim. The December 2004 denial became final due to lack of timely appeal and no new evidence within one year.

The appeal for an increased rating for the service-connected lumbar strain disability is dismissed as moot because the December 2020 rating decision restored service connection and did not address the issue of a higher rating.

The Veteran's back disability is rated at 40 percent effective May 6, 2013. Separate 10 percent ratings for left and right lower extremity radiculopathy are also granted effective May 6, 2013.

The Veteran's claim for a rating in excess of 10 percent for tinnitus is denied as he is already receiving the maximum schedular rating.,The Veteran's claims for evaluation of osteoarthritis, both knees; service connection for right shoulder condition; and service connection for low back strain are remanded due to missed VA examinations.

The Board denied service connection for tinea pedis, also claimed as onychomycosis, and tinea cruris, also claimed as jock itch. The Veteran's current diagnoses were not found to have begun during his active service or be related to an in-service injury, event, or disease.,The Board denied service connection for a low back disability with radiculopathy. The Veteran's current diagnosis was not found to have begun during his active service or be related to an in-service injury, event, or disease.

The Veteran's appeals for service connection for irritable bowel syndrome and chronic fatigue syndrome were dismissed as the benefits sought have been granted.,The Veteran's appeals for service connection for a respiratory condition, peripheral arterial disease, stable angina, fevers (also claimed as Meningeal disease), and bilateral hearing loss were dismissed as the benefits sought have been granted.

The Veteran's right shoulder strain is not service-connected, as the VA examiner found no evidence of a current disability and opined that it was less likely than not incurred in or caused by an in-service injury.,Service connection for midthoracic spine spondylosis has been granted due to continuity of symptoms since service. The Veteran's left shoulder disability is currently under consideration.

The Board has remanded the claims due to duty-to-assist errors that occurred prior to the January 2020 rating decision on appeal. The RO is instructed to obtain additional VA treatment records and conduct further examinations for the Veteran's claimed conditions.

The Veteran's left ankle disability, low back disability, and asthma are all found to be directly related to service.,Service connection is granted for the Veteran's left ankle disability, low back disability, and asthma.

The Veteran's lumbar spine disability is granted as service connected, with the Board finding that it is at least as likely as not related to his in-service back injury.

The Veteran's lumbar spine degenerative disc disease with retrolisthesis of L5 at S1 and left lower extremity radiculopathy of the sciatic and femoral nerves have been granted initial evaluations of 20 percent, effective December 23, 2019.