Back / lumbar spine decisions — 2024

The Board has remanded the Veteran's claims for service connection for a left knee condition, lower back condition, and bilateral lower extremity radiculopathy due to new evidence submitted after the February 2020 SOC denial.

The Veteran's claim for an earlier effective date of August 11, 2015 for the award of service connection for left lower extremity radiculopathy is granted.,An increased rating for left lower extremity radiculopathy from 10% to 20% is denied.

The Board has remanded the claims for increased ratings and TDIU due to service-connected disabilities, including degenerative arthritis of the lumbar spine, left knee, and left ankle.

The Veteran's claims for increased ratings of the right and left lower extremity radiculopathies, TDIU prior to March 16, 2012, and increased ratings for low back disability and bilateral lower extremity radiculopathies were granted effective January 7, 2011. The Veteran's claims for service connection for Parkinson's disease and essential tremors, as well as his claim for SMC based on aid and attendance needs, are denied.

The Board has granted the Veteran's claim for service connection for lumbar spine disabilities, finding that his current conditions are at least as likely as not related to his service-connected right foot drop and right knee disabilities. The appeal is granted.

The Veteran's back disability rating was restored from 20% to 40%, effective October 1, 2020.,The Veteran's mental disability rating was restored from 30% to 50%, effective January 1, 2020.

The Veteran's claims for lumbosacral strain, left hip condition (secondary to lumbosacral strain), right hip condition (secondary to lumbosacral strain), narcolepsy, left ankle condition, and right ankle condition are being remanded due to the need for additional development of medical records.,The Veteran's thoracic aorta enlargement claim is also being remanded as there may be relevant medical records from his general practitioner that have not been obtained.

The Veteran's claims of service connection for bilateral hearing loss and a back disability are remanded due to inadequate medical opinions. The Board finds the VA examinations insufficient as they did not consider the Veteran's lay statements regarding his symptoms.

The Board has remanded the Veteran's claims for bilateral hearing loss, thoracolumbar spine disorder, and right testicle disorder due to inadequate medical opinions in the previous VA examinations. The claims are being returned for further development.

The Board dismissed the appeals for service connection and rating issues related to low back pain, contact dermatitis, migraine headaches, PTSD, sleep apnea, IBS, left ear hearing loss, bilateral knees, and bilateral shoulders as untimely.

The Veteran is granted a TDIU from August 1, 2018 to September 9, 2019 due to his service-connected disabilities making him unable to secure or follow substantially gainful employment.

The Veteran's headaches are rated at 30 percent effective December 11, 2019. The Veteran's degenerative disc disease L5-S1 is currently rated at 20 percent. Separate ratings of 20 percent each are granted for left and right lower extremity radiculopathies.

The Board dismissed the Veteran's claims for service connection due to improper appeal form and lack of jurisdiction over the issues.

The Veteran withdrew his appeals for service connection for depression, anxiety, a back condition, and a left knee condition.

The Board has denied the Veteran's claims for service connection for lower back condition and stomach ulcers due to lack of evidence linking these conditions to his military service. The case is remanded for further examination and opinion.

The Board has granted a higher rating of 60 percent for left upper extremity radiculopathy but has remanded the issue of increased rating for degenerative disc disease, cervical spine (post-ACDF).

The Board has decided to remand the claim of service connection for a low back condition, as secondary to the Veteran's service-connected bilateral pes planus and plantar fasciitis. The decision is based on an inadequate VA examination that did not address whether the Veteran's service-connected disabilities aggravated his low back condition.

The Board has granted the Veteran's claim of service connection for a thoracolumbar spine condition, finding that new and relevant evidence supports this determination. The evidence is at least in balance as to whether the Veteran's current condition is related to his active-duty service.

The Board has determined that further development is necessary before the Veteran's claim for service connection for an upper back disability, to include a cervical spine disability and/or thoracic spine disability can be adjudicated. The case is REMANDED for a VA examination.

The Board has remanded the Veteran's claims due to outstanding SSA records and VA treatment records, as well as inadequate opinions regarding service connection for sleep apnea. The issues include rating adjustments for low back disability and determining whether sleep apnea is related to service or aggravated by other conditions.