Back / lumbar spine decisions — 2024

The Veteran's MDD was granted an initial rating of 70 percent effective May 21, 2019. The IVDS with arthritis of the lumbar spine and thoracic scoliosis received a higher rating from April 25, 2023.,A TDIU claim prior to July 11, 2014 was denied.

The Board has decided to remand the Veteran's claims for higher disability ratings due to inconsistencies in the VA examination findings and the need for additional development, including a retrospective opinion on the historical progression of his back disability. The TDIU claim is also deferred pending completion of these matters.

The Board denied the Veteran's claim for service connection for OSA caused or aggravated by his service-connected lumbar spine disability, as well as by medication used to treat that condition. The evidence did not show a causal link between these factors and the Veteran's OSA.

The Veteran's chronic lumbar strain is currently rated at 10 percent, but the Board finds that a higher rating is not warranted based on the current evidence.

The Board has remanded the claims for service connection for right knee, left knee, lumbar spine, and cervical spine disabilities due to insufficient medical opinions addressing the etiology of these conditions.

The Veteran's claims for increased ratings for cervical and lumbosacral spine disabilities have been remanded due to new treatment records showing possible worsening of his conditions.

The Veteran's claims for service connection for lumbar and cervical spine disabilities have been granted, with a rating of 100% effective as of the date of decision.

The Board has remanded the case for additional development, including obtaining visual field charts from a June 2007 VA eye examination. The Veteran's service-connected lumbar degenerative disc disease did not preclude him from securing or maintaining substantially gainful employment prior to February 24, 2006.

The Board has remanded the case for a new examination to determine if the Veteran's low back disability is proximately due to or aggravated by his service-connected conditions, specifically Parkinson's disease.

The Board has decided that the Veteran's headaches should be remanded for further development and an adequate VA opinion regarding whether they are secondary to his service-connected lumbar strain.

The Board denied service connection for a back disability, including as secondary to the service-connected right toe disability. The evidence did not show continuous symptoms of arthritis since service or that they were manifested to a compensable degree within one year of service separation.

The Veteran's chronic headache/migraine condition, left ankle condition, right ankle condition, sinusitis, lower back condition, and CTS of the left upper extremity are all found to be related to her active service.

The Board has remanded the Veteran's claims for increased ratings for thoracolumbar spine degenerative arthritis and right lower extremity radiculopathy due to inconsistencies in prior examinations, need for clarification of flare-ups, and lack of recent private treatment records. The Veteran will be asked to provide authorization for release of any relevant private medical records.

The Board denied service connection for hypertension (HTN) as there was no evidence of a chronic condition in service or within one year after separation, and the current condition is not related to active service.,Service connection for a back condition was also denied. The examiner found that the Veteran's back disability did not have its onset during service and was less likely caused by exposure to contaminated water at Camp Lejeune (CWCL).,Barrett's esophagus was denied as there is no evidence of a chronic disease shown in service, nor any link to active service or exposure to CWCL.

The Board denied service connection for back, right hip, and left hip disabilities due to a lack of evidence linking these conditions to service or a service-connected disability.,For the bilateral hearing loss disability, the claim was not adjudicated as the Veteran failed to appear for a required VA examination without providing good cause.

The Board has decided to remand the Veteran's claim for service connection of a lower back disability due to insufficient evidence in the December 2022 VA examination. The examiner is asked to consider and discuss the Veteran's lay statements regarding his in-service treatment and continuous symptoms since leaving service.

The Veteran's right lower extremity radiculopathy is related to his service-connected lumbosacral strain with L5-S1 central disc herniation-protrusion and L4-L5 bulge with annular tear, which was granted effective from June 28, 2018.

The Board has granted the Veteran's claim for service connection for a lumbar spine condition, finding that his current condition is etiologically related to an injury sustained during active duty.

The Board has decided to remand the Veteran's claims for increased rating of back condition and service connection for left knee and cervical spine conditions due to inadequate examinations in September 2020.

The Veteran's appeal for a low back disability is dismissed as moot because it was part of an erroneously created separate appeal stream. The other claims (bilateral plantar fasciitis and increased rating for hypertension) are still pending.