Back / lumbar spine decisions — 2024

The Veteran's claim for an earlier effective date for service connection of a low back disability was denied as there were no pending, unadjudicated claims prior to October 25, 2021.

The Board has decided to remand the Veteran's claims for service connection for anxiety, back condition, lung nodules (claimed as mass in lungs), and mediastinal mass/cyst (claimed as mass between lung and heart) due to a duty to assist error. The claims will be remanded for further examination and opinion.

The Board has remanded the claim for a low back disorder due to conflicting medical opinions regarding when the congenital transitional vertebrae condition first manifested during service. The Veteran's representative requested information about the VA examiner's qualifications, but this request is not considered in the current decision.

The Veteran's service-connected disabilities, including back conditions and bilateral radiculopathy of his lower extremities, have rendered him in need of regular aid and attendance due to limitations such as difficulty dressing, feeding himself, attending to the wants of nature, and traveling. The Board has determined that these criteria are met for SMC based on aid and attendance.

The Board has dismissed the Veteran's claims for service connection for right knee and low back disorders due to their grant during the pendency of the appeal. The claim for bilateral hearing loss is denied.

The Veteran's sleep apnea was denied as not etiologically related to service.,The Veteran's hypertension was denied as not meeting the criteria for a compensable rating.

The Veteran's claims for increased ratings for right shoulder strain, low back disability, and sciatic nerve radiculopathy are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's low back disability was rated at 20 percent prior to December 17, 2023, and denied a higher rating. Beginning December 17, 2023, the Veteran's claim for a higher rating remains denied.

The Board has granted service connection for degenerative disc disease of the cervical spine and radiculopathy of the bilateral upper extremities as due to active service, including a fall on ice in January 2019.

The Board denied service connection for left and right hip conditions, finding no evidence of current disabilities. The back disability rating was restored to 20 percent.

The Veteran's claims for increased ratings and a separate rating for left lower extremity radiculopathy were denied. The Board found that the evidence did not support higher disability ratings based on the severity of his lumbar spine, right lower extremity sciatic nerve, and right lower extremity femoral nerve disabilities.

The Veteran's claims for earlier effective dates and increased ratings for lumbar strain, right lower extremity radiculopathy of the femoral nerve, left lower extremity radiculopathy of the femoral nerve, right lower extremity radiculopathy of the sciatic nerve, and left lower extremity radiculopathy of the sciatic nerve are denied. The effective date for service connection remains October 6, 1994, and January 13, 2020, respectively.

The Veteran's application to reopen claims for PTSD, OSA, and Lumbar Spine Disorder was granted. The claims for OSA and Lumbar Spine Disorder were denied due to lack of new and relevant evidence.

The Veteran's disability rating for lumbosacral strain with intervertebral disc syndrome was reduced from 40 percent to 20 percent, but the Board found this reduction improper and restored the original 40 percent rating.

The Veteran's appeal for service connection for degenerative arthritis with degenerative disc disease was dismissed because the VA Form 10182, which is required to request review of a decision, was not filed within one year of the June 2019 rating decision.

The Board has granted service connection for erectile dysfunction as secondary to the Veteran's service-connected degenerative disc disease and degenerative joint disease of the lumbar spine. The Board also granted special monthly compensation based on loss of use of a creative organ.

The Veteran's claim for a rating in excess of 30 percent for ischemic heart disease is denied. The Veteran's residuals of bladder cancer with chronic kidney disease and urinary incontinence are rated at 60 percent, which is the maximum allowed under current criteria. The Veteran's lumbosacral spine disability remains at 20 percent. A TDIU from September 8, 2021 is granted.

The Veteran's lumbosacral strain service connection claim was granted with an effective date of February 18, 2020. The Board found that the earlier effective date of February 6, 2020, when the Veteran filed to reopen his claim, is appropriate.

The Board has denied the Veteran's claims for service connection for residuals of lower back injuries, left and right lower extremity radiculopathy. The decision is based on a finding that there is no evidence linking these conditions to his period of active duty.

The Veteran's claims for increased ratings and service connection were denied. The TDIU was granted effective September 26, 2022.