Back / lumbar spine decisions — 2024

The Board has determined that the Veteran's claims for service connection have been improperly denied due to a failure to obtain his Air National Guard service records. The Board is remanding these cases to allow for further development and consideration of the claims.

The Board has remanded the case due to duty-to-assist errors and for an addendum opinion regarding the Veteran's thoracic injury.

The Veteran's service-connected disabilities are considered, and a new examination is required to determine if he requires aid and attendance or is housebound due to his conditions.

The Veteran's appeals have been withdrawn and are dismissed. The Board did not make a determination on the merits of any claims.

The Board denied service connection for cervical strain and lower back condition, finding that the Veteran's current conditions did not have their onset in service or within one year of service, and continuity of symptomatology since service has not been shown.

The Board has denied the Veteran's claim for service connection for left ear hearing loss due to lack of evidence showing a link between his in-service noise exposure and current hearing loss. The lower back condition issue is remanded as it involves complex etiological theories that need further clarification.

The Board has granted the Veteran's claim for service connection of a lumbar spine disability, finding that his current condition had its onset in service due to an injury he sustained while on active duty.

The Veteran's service-connected thoracolumbar spine IVDS and degenerative arthritis, right lower extremity sciatic nerve radiculopathy, left lower extremity sciatic nerve radiculopathy, femoral radiculopathy of the right and left lower extremities, and PTSD with dysthymia have been granted. The Veteran's service-connected thoracolumbar spine IVDS and degenerative arthritis are rated at 40 percent from March 17, 2020.

The Board has remanded the Veteran's claims for further development, including obtaining an expert opinion to determine if his muscle condition is proximately due to or aggravated by a service-connected disability. The effective dates of all current ratings are also being reviewed.

The Board has remanded the Veteran's claims for a higher rating for her lumbosacral strain, degenerative arthritis, and degenerative disc disease from May 18, 2022, and service connection for a psychiatric disability arising from her claim for a higher initial rating for her service-connected low back disorder.

The Veteran's lumbar strain and cervical strain have been granted initial evaluations of 40 percent each, effective December 23, 2016. The dermatitis has also been granted an initial evaluation of 10 percent, effective the same date. Migraines are not entitled to a higher evaluation.

The Board has remanded the case due to the need for additional development, including obtaining updated VA treatment records and scheduling a new examination.

The Veteran's bilateral foot disorder, shoulder disorders, low back disorder, and knee disorders are not service-connected. The GI disorder is presumed to be due to Camp Lejeune exposure.,Further examination is needed for the shoulders, low back, knees, and GI issues.

The Board has remanded the claim for service connection for lumbar strain due to insufficient medical opinion regarding its etiology. The Veteran submitted articles about slip-and-fall injuries on icy surfaces, which were not addressed in the previous VA examination.

The Board dismissed the appeals for increased disability rating and TDIU due to service-connected disabilities.

The Board has remanded several issues related to the Veteran's lumbar spine disability and associated radiculopathy of the sciatic and femoral nerves. The main reasons are for further development, including a new examination to assess current severity.

The Board has granted service connection for a back condition and a neck condition, finding that the Veteran's current conditions are causally related to her military service.

The Veteran's appeals for increased ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal of the issues related to traumatic arthritis of the right knee and post-operative ligament injury of the right knee at a hearing before the undersigned Veterans Law Judge. New and material evidence was received to reopen claims of bilateral hearing loss, tinnitus, and left knee disability.

The Board has remanded the case due to unclear information about the Veteran's employment history prior to February 5, 2020. The AOJ is instructed to make reasonable efforts to obtain private medical records and clarify conflicting statements regarding her employment.

The Veteran's claim for a higher rating for his low back disability was denied, and the issue of service connection for heart disease was remanded.