Back / lumbar spine decisions — 2024

The Veteran's service-connected lumbosacral strain is currently rated at 20 percent and the Board has remanded this matter for a new VA examination to determine its current severity. The TDIU claim is also being remanded due to pre-decisional errors in the rating decision.

The Veteran's appeals for increased ratings and service connection were dismissed due to untimely filing of VA Form 10182.

The Veteran's PTSD with sleep impairment is rated at 30 percent, which is the maximum schedular rating available under Diagnostic Code 9411.,The Veteran's back disability is currently rated at 10 percent and does not meet the criteria for a higher rating.

The Board has decided that the Veteran's low back condition may be related to his service-connected left knee degenerative joint disease with meniscal tear, chondromalacia, and tendinopathy. However, due to a pre-decisional duty to assist error, the case is being remanded for an addendum medical opinion addressing causation and aggravation.

The Board has remanded the case due to a duty to assist error and the need for a medical opinion regarding the etiology of the Veteran's back condition.

The Veteran's appeal for an increased rating for degenerative disc disease with spondylolisthesis has been dismissed because the Veteran withdrew his claims before a decision was made.

The Board has granted service connection for the Veteran's lower back condition, finding that it was aggravated during his active duty training period in 1987.

The Board has decided to remand the case due to insufficient evidence regarding the nature and etiology of the Veteran's lumbar spine disability, including whether it is related to service or secondary to her cervical spine disability.

The Veteran's claim for a higher rating for DDD of the cervical spine status post cervical sprain was denied as there was no unadjudicated formal or informal claim prior to August 15, 2018.,The effective date for service connection for radiculopathy of the left and right upper extremities was set at October 31, 2017 due to new evidence received within one year of a previous rating decision.,The Veteran's claim for a higher rating for migraine headaches was denied as he is already receiving the maximum schedular rating under Diagnostic Code 8100.,The Veteran's claim for a higher rating for DDD of the cervical spine status post cervical sprain was denied as there was no unadjudicated formal or informal claim prior to August 15, 2018.

The Board has remanded the Veteran's claims for shin splints and lumbar spine disability due to a lack of development regarding her in-service injuries and post-service symptoms.

The Board dismissed the appeals regarding the issues of service connection for bilateral hearing loss, bilateral pes planus, degenerative disc disease of the lumbar spine, and tinnitus as well as the appeal for an increased rating for tinea pedis due to untimely filings.

The Board has remanded the Veteran's claims for additional development due to new evidence and issues related to service connection, rating, and TDIU.

The Board has decided to remand the case due to insufficient reasons and bases for denying the Veteran's claim for special monthly compensation based on need for regular aid attendance/housebound status. Further development is needed to distinguish between service-connected conditions and non-service-connected conditions that affect the Veteran's ability to perform self-care functions.

The Veteran's claim for a disability rating of 40 percent for his service-connected lumbar spine condition, which occurred after November 30, 2017, is granted. The claim for an extension of the temporary total evaluation due to convalescence following his May 16, 2017, lumbar spine surgery through November 30, 2017, is also granted.

The Board has remanded the claims for further development due to procedural errors and the need for a new VA examination. The appellant's back disability is potentially related to service, but the exact etiology needs clarification. His acquired psychiatric disorder may also be related to his back disability.

The Board has remanded several issues related to the Veteran's PTSD, hearing loss, degenerative arthritis of the lumbar spine, and hypertension. The Veteran is also being asked to complete forms for a TDIU claim.

The Board has granted service connection for a neck (cervical spine) disability, but denied service connection for a low back (lumbar spine) disability.

The Veteran's claims for obstructive sleep apnea, left shoulder condition (arthritis), low back disability, migraine headaches, and cervical spine disability have all been granted. The appeals were decided on the merits of the evidence presented.

The Board has reopened the claims for service connection for flatfoot and back condition due to new and material evidence. The claim for bilateral hip conditions is also remanded for further development.

The Board has remanded the claims for increased ratings for lumbar muscle spasm and TDIU due to incomplete retrospective opinion on the severity of the Veteran's back disability. Additional development is required, including obtaining a retrospective opinion from an appropriate clinician.