Back / lumbar spine decisions — 2024

The Board has remanded the claims for service connection for low back disability and sleep disorder due to inadequate VA examination and opinion. The Veteran's claim is not about a condition related to exposure to burn pits, Agent Orange, Camp Lejeune, radiation, Gulf War Syndrome, or any other specific exposure basis.

The Board has vacated the portion of its decision denying an earlier effective date for TDIU and remanded the issue to consider evidence from March 23, 2017 onwards.

The Veteran was granted a TDIU effective February 27, 2019. The effective date for Dependents' Educational Assistance (DEA) under Chapter 35 is now May 1, 2018.,The Veteran's service-connected disabilities have rendered her unable to secure or follow substantially gainful employment since May 1, 2018.

The Veteran's appeals to restore ratings for cervical spine strain and thoracolumbar spine strain from 10 percent to 20 percent were denied as the evidence did not show improvement in these conditions.

The Board has dismissed all appeals for rating increases and service connection due to the Veteran's death.

The Board has granted service connection for lumbar spine degenerative disc disease and remanded the issues of service connection for recurrent right hip disorder, recurrent left hip disorder, and recurrent left shoulder disability.

The Board has granted service connection for lumbar strain, finding that the Veteran's back pain began during active service and is related to his in-service injury.

The Veteran's claims for service connection for obstructive sleep apnea, a thoracolumbar spine disorder, and a right knee disorder have been readjudicated. The Board finds new and relevant evidence has been received sufficient to reopen these claims.,Service connection is granted for obstructive sleep apnea as secondary to the Veteran's service-connected left knee disorders.

The Veteran's PTSD was rated at 50% for the entire review period from July 1, 2021 to April 18, 2022. The appeal for a higher rating is denied.

The Board has determined that the Veteran's claims for a higher rating for DDD of the lumbar spine and TDIU are remanded due to inadequate VA examination reports. The cases will be returned to the AOJ for further action.

The Board has decided to remand the case due to insufficient evidence and a need for further examination. The Veteran's claim of service connection for a low back disability is being reviewed.

The Veteran's service-connected disabilities did not preclude him from securing and maintaining substantially gainful employment prior to April 1, 2016. Therefore, the claim for a total disability rating based on individual unemployability (TDIU) is denied. The Veteran also does not meet the criteria for basic eligibility to Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 prior to April 1, 2016.

The Veteran's claims for degenerative arthritis of the thoracolumbar spine and cervical spine, as well as his heart condition related to toxic exposure risk activity (TERA), have been granted. The heart claim is remanded due to a need for further development.

The Veteran's lumbar disability was not service-connected at the time of his surgery in December 2019, so he cannot be granted a temporary total rating for convalescence.

The Board has remanded the claims for service connection for low back condition, hip pain (arthralgia), and headaches, migraine due to potential pre-decisional duty to assist errors. The Veteran is presumed exposed to environmental toxins as a Persian Gulf veteran.

The Veteran's claim for service connection for restless leg syndrome is remanded. The reduction of the rating for his lumbar spine disability from 20% to 10% is found to be improper and void ab initio.

The Veteran's claim for service connection for thoracolumbar degenerative arthritis was denied. New evidence has been received, but it does not change the outcome.,The Veteran's claims for service connection for dermatitis and bilateral conjunctivitis were remanded due to inadequate VA examinations and opinions.

The Veteran withdrew his appeals for service connection of various knee, hip, and elbow disorders as well as cold injury residuals (frostbite) of the right foot. The Board dismissed all issues in this appeal.

The Board has denied service connection for various conditions, including back disorder, right and left lower extremity neurological disorders, right knee status post ACL tear repair disorder, right shoulder degenerative arthritis, and left shoulder degenerative arthritis. The evidence does not support a finding of current disabilities or a link to service.,The Veteran's claims for service connection have been denied as there is no persuasive weight of the evidence showing current disabilities or a relationship between any claimed conditions and service.

The Board has granted service connection for lumbosacral strain and IVDS, as well as secondary service connection for right and left lower extremity radiculopathy. The Veteran's current conditions are related to his military service.