Back / lumbar spine decisions — 2024

The Board has remanded the Veteran's claims for service connection and increased ratings due to errors in the decision-making process, including failing to consider certain evidence and providing inadequate examinations. The case will be reviewed again with a focus on verifying the Veteran's reported stressor and obtaining an updated VA examination.

The claims of service connection for back, skin, and bilateral hearing loss disorders are being remanded due to the need for additional medical examinations.

The Board has remanded the Veteran's claims for sleep apnea, lordotic thoracolumbar spine with osteoarthritis and scoliosis, and sinusitis to allow for a new VA examination. The examiner will be asked to determine if these conditions are at least as likely as not related to service or due to a service-connected disability.

The Veteran's appeals for higher ratings on his service-connected conditions and for an effective date have been dismissed due to the death of the Veteran.

The Veteran's claim for higher ratings for service-connected intervertebral disc syndrome of the lumbar spine is denied. The current rating of 10 percent remains unchanged.

The claims for service connection have been granted, and the Veteran's disabilities are being remanded due to a lack of VA examinations.

The Veteran's cervical spine disability and right and left lower extremity radiculopathy were restored to their previous ratings of 30%, 10%, and 10% respectively, effective March 3, 2020.

The Veteran's service-connected foot and back disabilities, along with a psychiatric condition, prevented him from securing or following a substantially gainful occupation prior to May 30, 2023. The Board is remanding the case for consideration of TDIU on an extraschedular basis.

The Veteran's claims for increased ratings and service connection were denied. The claim for a temporary total evaluation based on the need for convalescence was also denied.

The Board denied the Veteran's claims for service connection for bilateral plantar fasciitis and pes planus, cervical spine condition, lumbar spine condition, right shoulder condition, and gastrointestinal disability (GERD, gastroenteritis, gastritis) due to a lack of evidence showing these conditions were incurred or aggravated during active service.

The Board has granted service connection for degenerative disc disease of the lumbar spine and cervical spine spondylolysis, finding that these conditions were incurred in service and have been chronic since then.

The Veteran's cervical spine disorder is rated at 30 percent, which does not meet the criteria for a higher rating due to lack of unfavorable ankylosis.,Right upper extremity radiculopathy and left upper extremity radiculopathy are both rated at 20 percent, as they do not meet the criteria for higher ratings based on incomplete paralysis.

The Veteran's initial ratings for back and right elbow disabilities have been remanded due to inadequate VA examinations conducted in 2015 and 2019. The Board will consider new evidence from the VA examinations to determine appropriate disability ratings.

The Veteran's claim for service connection for an acquired psychiatric disability, including depression, anxiety and PTSD, was denied. Service connection was granted for lumbar spine arthritis, cervical spine arthritis, right upper extremity cervical radiculopathy (secondary to cervical spine arthritis), right knee osteoarthritis, and left knee osteoarthritis and patellofemoral pain syndrome.

The Board denied a rating in excess of 10 percent for the Veteran's service-connected lumbosacral strain, finding that the evidence did not support such an increase.

The Board has decided that the Veteran's claim for service connection for low back pain should be remanded due to a duty to assist error and insufficient evidence to make a determination.

The Board denied the Veteran's claim for service connection of a back disability, finding that it is not related to his active military service and was not present within one year of separation.

The Veteran's service-connected disabilities did not preclude her from securing and following a substantially gainful occupation, thus the claim for TDIU was denied.

The Board denied service connection for lumbosacral disorder and degenerative arthritis of the cervical spine, finding no current disability and insufficient evidence to link these conditions to service.

The Board has determined that new and relevant evidence has been submitted to reconsider the claim of service connection for a back disorder. The Veteran's diagnosed back disorder is related to his military service, but further examination is required.