Back / lumbar spine decisions — 2024

The Board has granted service connection for the Veteran's lower back condition and right shoulder condition, finding that there is at least an equipoise of evidence to support these claims. The Veteran's current conditions are believed to have originated during his military service.

The Veteran's headaches are rated at a maximum of 50 percent, effective August 12, 2019. The Veteran also has other service-connected conditions that have led to a combined schedular rating of 100%.

The Board has found that the Veteran's low back disability is related to his service, but the claim for photophobia must be remanded due to inadequate opinion regarding its onset and potential exposure basis.

The Veteran's claims for service connection for an acquired psychiatric disability and a back disability were denied due to lack of new relevant evidence. The Board found that the Veteran did not provide any new evidence that could prove or disprove their claim, and thus, the claims are denied.

The Board has remanded the Veteran's claims for service connection due to errors in pre-decisional duty to assist, including a lack of VA examination and opinion regarding TMJ disorder and thoracolumbar spine disorder.

The Board has determined that the Veteran's back disability and right lower extremity radiculopathy were properly severed from service connection, as there was clear and unmistakable error in granting these conditions. The appeal is denied.

The Veteran's claim for service connection for right ear hearing loss was denied because there is no current diagnosis of hearing loss. The Board found that the Veteran does not have a current disability and thus, service connection cannot be established. The lumbar spine disability issue is remanded due to a duty-to-assist error.

The Board found that the Veteran did not have any right and left hand, wrist, shoulder, knee, hip, neck, or back disorders during service. The post-service medical records do not show a continuity of symptoms for these conditions until at least 21 years after service ended. Therefore, the claims for service connection were denied.

Service connection for allergic rhinitis and chronic sinusitis is granted.,Service connection for migraine headaches, cervical spine disability, and lumbar spine disability is remanded.

The Veteran's claims for service connection and increased ratings were granted effective September 24, 2020. The effective dates for the lumbosacral strain with intervertebral disc syndrome, neurogenic bladder, right lower extremity radiculopathy of the femoral nerve, right lower extremity radiculopathy of the sciatic nerve, left lower extremity radiculopathy of the femoral nerve, and left lower extremity radiculopathy of the sciatic nerve were also granted on this date.

The Board has vacated its February 20, 2024 decision remanding the TDIU claim due to a duty-to-assist error and has ordered a new examination to assess the Veteran's ability to work given his education and employment history.

The Board denied the Veteran's claims for service connection for migraines, a back condition, and various arm, elbow, hand, knee, and shoulder conditions, finding that there was no persuasive evidence of current diagnoses or in-service onset related to these conditions.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance due to his inability to dress or undress himself, keep himself clean and presentable, require frequent adjustments of prosthetic appliances, feed himself, attend to wants of nature, or protect himself from daily hazards.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a current disability.,The Veteran's claim for service connection for tinnitus is denied as he does not report experiencing recurrent tinnitus and the VA examination did not diagnose him with tinnitus.,The Veteran's claim for service connection for a back condition is denied as there is no evidence of a current disability.

The Veteran's back, left knee, heart, skin cancer, headaches, and stomach/abdominal disabilities are remanded for further examination and opinion due to potential service connection based on toxic exposure.

The Veteran's claims for left knee chondromalacia, bilateral hearing loss, acquired psychiatric disorder (PTSD and drug addiction), low back disorder, and arthritis of the entire body are being remanded due to insufficient evidence or procedural issues.

The Veteran's service-connected disabilities have precluded him from following a substantially gainful occupation starting August 2, 2016. The Board finds that he is entitled to TDIU beginning on this date.

The Veteran's bilateral hearing loss and tinnitus are granted as service connection is established.,PTSD, insomnia secondary to PTSD, a bilateral hand condition, a lumbar spine condition, and a right hip condition are remanded for further development.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of a low back disability during or immediately after service and that any current condition is not related to his military service.

The Veteran's service-connected disabilities, including bilateral knee and ankle conditions, low back pain, sciatic radicular pain, TBI, headaches, and PB, are granted. The Veteran is currently rated at 70% for PTSD.