Back / lumbar spine decisions — 2024

The Board has remanded the claims of service connection for mitral valve prolapse, lumbar degenerative disc disease, and left foot hallux valgus and arthritis due to inadequate medical opinions regarding causation.

The Veteran's claim for an earlier effective date and a higher rating for his service-connected lumbosacral strain with thoracolumbar scoliosis and left lower extremity radiculopathy was denied. The Board found that the Veteran did not have a pending claim prior to filing in 2018, and thus no earlier effective date is warranted. For the period from October 26, 2020, his rating for left lower extremity radiculopathy was granted at 30 percent.

The Veteran's service connection for right lower extremity radiculopathy is granted. The claims for increased ratings and earlier effective dates for left lower extremity radiculopathy, as well as the TDIU claim are remanded.

The Veteran's service-connected disabilities, including bilateral lower extremity radiculopathy, degenerative joint disease of the lumbar spine, hypertension, and heart conditions, render him unable to secure or follow a substantially gainful occupation. The Board has granted entitlement to total disability rating based on individual unemployability (TDIU).

The Veteran is granted an earlier effective date of December 25, 2003 for TDIU and basic eligibility for DEA benefits since that date.

The Veteran's claim for an initial disability rating in excess of 40 percent for a back disability is being remanded due to the need for a VA examination that complies with Correia v. McDonald (28 Vet. App. 158, 2016).

The Board has decided to remand the case due to a need for a new VA examination and additional medical records.

The Veteran's claim for a higher rating for his back disability is denied as the evidence does not show incapacitating episodes or limitation of motion that would warrant an increased evaluation.

The Board has decided to remand the service connection claims for left shoulder disorder, right shoulder disorder, low back disorder, hearing loss, vertigo, and hypothyroidism due to potential exposure to anti-malarial medications and toxic exposure risk activities (TERA).

The Board has remanded several issues for further development, including right hand fifth digit condition, respiratory condition (including asthma and COPD), left knee arthritis, right knee arthritis, low back condition, hypertension, migraines headaches, and congestive heart failure.

The Board has remanded the claims for service connection for a lumbar spine condition, which is secondary to the Veteran's service-connected gunshot wound residuals, and for TDIU. The remand requires obtaining an adequate medical opinion regarding the etiology of the lumbar spine conditions.

The Board denied the Veteran's claim for service connection for sleep apnea as secondary to PTSD and his TDIU claim, finding that there was no evidence linking his sleep apnea to his service-connected PTSD or any other service-connected condition.

Service connection for COPD and bilateral hearing loss is granted. Service connection for neck disorder and back disorder is denied.

The Board has remanded the case for additional development to address service connection for a psychiatric disorder, including MDD, GAD, and PTSD. The back and right knee disabilities are denied as not related to service.

The Board dismissed the legacy appeal for service connection of a back disability because the Veteran elected to have his claim processed under the AMA system, which withdrew his appeal from the legacy appeals system.

The Board has remanded the claims for a bilateral knee disability and low back disability to obtain an addendum VA medical opinion addressing the Veteran's lay statements of in-service injury and continuity of symptoms, as well as obesity as an intermediary step between service-connected disabilities. The examiner is asked to address whether these conditions are related to service.

The Board has denied service connection for various conditions, including hyperlipidemia, hypertension, peripheral vestibular disorder, a disability manifested by passing out, obstructive sleep apnea, migraine headaches, low back disability, psychiatric disorders, allergic rhinitis, bronchitis, and chronic obstructive pulmonary disease. The evidence does not support a finding that these conditions are related to service.

The Veteran's appeals for various conditions have been dismissed due to their death.

The Veteran's service-connected disabilities, including his lumbar spine disability and depressive disorder with sleep disturbances, have rendered him unable to secure and maintain a substantially gainful occupation prior to February 11, 2020. The Board has granted entitlement to TDIU based on this finding.

The Board has remanded the Veteran's claims for service connection for various disabilities, including a right knee disability and its secondary effects on other joints and systems. The AOJ is instructed to obtain all relevant records, conduct additional development, and provide appropriate VA examinations as needed.