Back / lumbar spine decisions — 2024

The Board has granted service connection for a deviated nasal septum and status post septorhinoplasty, as well as low back strain. The Veteran's claims are remanded to determine the appropriate initial rating for migraines.

The Veteran's annual clothing allowance for his left knee brace was granted, but the claim for his back brace remains pending due to missing records.,It is at least as likely as not that the Veteran's left knee brace caused wear and tear on his clothing in 2020.

The Veteran's claims for service connection are being remanded due to errors in the duty to assist and need further examination and development of evidence.

The Board has denied the Veteran's claim for service connection for a back disability, finding that there is not sufficient evidence to establish a nexus between his current back condition and an in-service fall. The Board considered the Veteran's lay statements and VA treatment records but found them less persuasive than the medical opinions provided by VA examiners.

The Board has determined that the Veteran's claims for service connection for his right knee, lumbar spine, left shoulder, and right ankle disabilities are remanded due to inadequate medical opinions. The AOJ must obtain new VA examinations to determine if these conditions are related to his service-connected left knee chondromalacia.

The Veteran's claims for service connection for acquired psychiatric condition, bilateral hearing loss, and neck and thoracolumbar spine disabilities have been granted. The claim for service connection for the thoracolumbar spine disability remains pending due to remand.

The Board has granted service connection for a back disorder, finding that the Veteran's current condition is related to his military service.

The Board has granted service connection for a low back condition, but the claims for left shoulder and cervical spine conditions are remanded due to insufficient evidence.

The Board has granted service connection for degenerative disc disease and degenerative joint disease of the lumbar spine, finding that the Veteran experienced chronic symptoms during service and since separation. The decision is based on presumptive service connection due to a combination of in-service injuries and continuous post-service pain.

The Board has determined that there were pre-decisional duty to assist errors in the failure to schedule the Veteran for examinations related to his back condition and tinnitus. The claims are being remanded for further development.

The Veteran's claim for an increased rating for a low back disability is being remanded due to the need for additional private treatment records.

The Veteran withdrew their service connection claims for multiple conditions, including left knee, left ankle, sciatic nerve, right knee, back, and right ankle conditions. As a result, the appeal is dismissed.

The Board has granted service connection for the Veteran's low back disability, diagnosed as multi-level degenerative disc disease with spondylosis and lumbosacral strain. The appeal regarding Chronic Lymphocytic Leukemia is remanded due to a pre-decisional duty to assist error.

The Veteran's service-connected COPD was granted effective September 17, 2020, which also established his need for aid and attendance due to his service-connected disabilities.

The Board has decided to remand the claims for an earlier effective date and increased rating for degenerative disc disease, radiculopathy of the right lower extremity (sciatic), and radiculopathy of the left lower extremity (sciatic) due to inadequate VA examination reports. A new examination is required.

The Board has decided to remand both claims for additional development and consideration. The Veteran's initial rating claim for lumbar degenerative disc disease is being remanded due to duty-to-assist errors, specifically the failure to obtain SSA disability benefits records and VA treatment records. The TDIU claim prior to February 16, 2012 is also being remanded as it was reasonably raised by the record but not developed by the RO.

The Board has determined that the Veteran's lumbar spine disability is related to his military service and remands for further examination.

The Board has remanded the case due to a duty-to-assist error that occurred prior to the November 2020 rating decision. The issue of service connection for a lumbosacral spine disorder is now pending and will be addressed with a new VA medical opinion.

The Board denied a TDIU for the period between January 9, 2020, and February 17, 2023, finding that the Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment.,The Board also denied an earlier effective date for DEA benefits eligibility prior to February 17, 2023, as there was no evidence of a total and permanent service-connected disability before this date.

The Board has decided to remand the case due to a duty to assist error and an incomplete medical opinion regarding the etiology of the Veteran's low back condition.