Back / lumbar spine decisions — 2024

The Veteran's service-connected disabilities have rendered her unable to secure or maintain gainful employment, warranting a TDIU.,The VA has remanded the claims for an evaluation in excess of 40 percent for lumbosacral strain and evaluations in excess of 20 and 10 percent for left and right lower extremity radiculopathy of the sciatic nerve.

The Veteran's service-connected lumbar paravertebral myositis, disc disease, and spine spondylosis rendered him unable to secure or follow a substantially gainful occupation as of March 28, 2018. The Board granted his TDIU claim.

The Veteran's back brace and crutches caused wear and tear to his shirts, leading to the grant of clothing allowances for these items in 2020.,The Veteran's skin condition required him to use hydrocortisone cream, which damaged his shirts. The Board denied a second allowance due to the maximum number already granted.

The Veteran's lumbar osteoarthritis is granted as secondary to service-connected lumbar strain. The right shoulder tendinitis and bursitis are denied due to lack of evidence linking it to the service-connected conditions.

The Board has remanded the claims for an acquired psychiatric disorder, a right foot condition, and a lumbar spine condition due to procedural errors and insufficient evidence in support of the Veteran's service connection claims.

The Veteran's claim for a low back disability was granted with an effective date of May 25, 2010. The award of service connection for radiculopathy of the right lower extremity (associated with a low back disability) was also granted with an effective date of January 31, 2013.,The Veteran's claim for higher ratings for his low back disability and radiculopathy of the right lower extremity is remanded due to a duty to assist error.

The Veteran's claims for increased ratings for IBS and thoracolumbar strain, as well as the grants of service connection for bilateral lower extremity radiculopathy, were denied. The effective dates assigned are June 18, 2018.,There is no evidence to support earlier effective dates for any of these claims.

The Veteran's claim for a higher rating for his lumbosacral strain with degenerative arthritis of the spine was denied. The Board also found that he is not entitled to TDIU based on his service-connected disabilities, except for mental health conditions and back disability which affected his ability to work prior to February 28, 2020.

The Board denied service connection for a back disability, finding that the evidence does not establish an in-service injury or disease and that there is no nexus between the current condition and service.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that there was no evidence of chronicity during active service and insufficient medical opinion to establish a nexus between current condition and in-service injury.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from May 12, 2021 to May 11, 2022.

The Board has granted service connection for the Veteran's right knee, left knee, and low back disabilities. The conditions are found to be etiologically related to his military service.

The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and developing his claim based on herbicide exposure. The Veteran is presumed to have had early onset peripheral neuropathy of the right lower extremity, which may be related to his in-service exposure.

The Board has granted an earlier effective date of December 22, 2004 for the award of service connection for migraines (claimed as constant headaches). The Veteran's claim was reopened due to new and material evidence received within a year of the initial denial in December 2004.

The Veteran's anemia, erectile dysfunction, tachycardia, thrombocytopenia, L5 radiculopathy of the left and right lower extremities, major depressive disorder, panic disorder, somatic symptom disorder, and lumbar strain and degenerative disc disease are all found to be caused by his service-connected acute myeloid leukemia (AML).,The Veteran's fatigue is not considered a separate disability from his AML-related conditions.

The Board has determined that the VA examinations and opinions are inadequate, particularly regarding whether the Veteran's back and hip disabilities are aggravated by his service-connected left knee disability. The claims are being remanded to obtain additional medical opinions addressing these issues.

The Veteran's radiculopathy of the sciatic nerve affecting the left lower extremity is now rated at 40 percent effective January 17, 2018. TDIU was granted as of January 9, 2013.

The Board has denied the Veteran's claims for service connection for lower back condition and left knee condition, finding that there is no evidence of an in-service injury or disease related to these conditions.,Service connection was not granted as the Veteran did not have a current disability at the time of separation from service, nor could it be presumed due to continuity of symptomatology.

The Veteran's appeal for service connection for left hip bursitis and a back disability is dismissed due to the lack of timely filing of a VA Form 10182, which was required by law.

The appeal of the proposed reduction in the disability rating for service-connected lumbar degenerative disc disease with intervertebral disc syndrome is dismissed. The Veteran's entitlement to a disability rating in excess of 50 percent for his service-connected obstructive sleep apnea with bronchitis is denied.