Back / lumbar spine decisions — 2024

The Board denied service connection for a cervical spine disability, finding no evidence of disease or injury related to the condition during service and insufficient evidence linking it to service.,The Board also denied service connection for a lumbar spine disability, finding no evidence of disease or injury related to the condition during service and insufficient evidence linking it to service.

The Veteran requested to withdraw his appeals for increased ratings and earlier effective dates related to persistent depressive disorder, lumbar spine residuals, radiculopathy of the right lower extremity sciatic nerve, radiculopathy of the left lower extremity sciatic nerve, radiculopathy of the right lower extremity femoral nerve, and radiculopathy of the left lower extremity femoral nerve.,The issues for increased ratings for lumbar spine residuals, radiculopathy of the right lower extremity sciatic nerve, radiculopathy of the left lower extremity sciatic nerve, radiculopathy of the right lower extremity femoral nerve, and radiculopathy of the left lower extremity femoral nerve were already adjudicated in a March 2023 Board decision and are therefore dismissed as moot.

The Veteran's claim for service connection for lumbosacral strain with degenerative arthritis was granted effective from November 28, 2018. The decision also grants an effective date of May 11, 2012, but no earlier.

The Veteran's service-connected disabilities prevent him from maintaining substantially gainful employment, meeting the schedular requirements for TDIU and his past work experience and training render him unable to seek a different line of work.

The Board denied the Veteran's claims for increased ratings for her patellofemoral syndrome of the left knee and thoracolumbar strain, finding that her symptoms did not warrant higher disability ratings under the applicable VA rating criteria.

The Veteran's claim for service connection for an acquired psychiatric disorder was reopened and granted with a 50% evaluation effective November 2, 2015. The claim for service connection for a low back disability is being remanded due to the lack of evidence indicating intent to seek benefits prior to December 28, 2004.

The Veteran's appeal for service connection of a lower back condition has been dismissed due to their death.

The Board has granted service connection for left knee osteoarthritis, right knee osteoarthritis, degenerative arthritis of the lumbar spine, and degenerative arthritis of the cervical spine. The Veteran's sleep apnea is also now considered service-connected.

The Veteran's lumbosacral strain is found to be at least as likely as not incurred in service, and the Board grants service connection for this condition.

The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of these issues by his attorney.

The Board has granted service connection for lumbar spine degenerative disc disease and degenerative joint disease, finding that these conditions are related to the Veteran's service-connected bilateral shin splints.

The Board has dismissed the appeal regarding service connection for a back disability, right shoulder disability, and acquired psychiatric disability due to these issues being in the legacy appeals system.

The Board has dismissed all appeals related to the Veteran's claims for service connection and increased ratings for various hearing and sinus conditions due to the appellant's withdrawal of his appeal.

The Board has decided to remand the claim of service connection for a lumbar spine disability due to inadequate medical opinions and other procedural issues.

The Board has decided to remand the Veteran's claim for service connection for degenerative disc disease and degenerative joint disease of the cervical spine with stenosis due to a duty-to-assist error. Additional development is needed, including obtaining an adequate opinion from a VA examiner.

The Veteran's appeal was dismissed because the VA Forms 10182 filed with the Board were not valid under the AMA system, and thus the issues raised could not be decided.

The Veteran's claim for TDIU and DEA was granted with an effective date of May 1, 2015. The Board found that the Veteran had marginal employment due to service-connected disabilities as of May 1, 2015.,An earlier effective date of May 1, 2015, for TDIU and DEA was granted based on the evidence showing marginal employment due to a service-connected mental disorder.

The Veteran's claim regarding the withholding of VA disability compensation benefits for 63 training days in FY 2019 is dismissed because she already received the adjustment and reimbursement.

The Board has found that new and relevant evidence (NRE) was submitted to support the Veteran's claims for service connection for low back injury and left shoulder condition. The AOJ is required to readjudicate these claims based on this NRE, including considering any potential secondary or aggravation theories of service connection.

The Veteran's claim for an earlier effective date prior to January 14, 2019, for the increase of her back disability rating to 40 percent is denied.,The Veteran's claims for ratings over 40 percent for her right shoulder disability and persistent depressive disorder are also denied. A TDIU was granted.