Back / lumbar spine decisions — 2024

The Veteran's appeal of the proposed reduction in rating for lumbar strain from 40% to 20% is dismissed. The issue concerning a compensable rating for bilateral hearing loss disability is denied.

The Board has remanded the Veteran's claim due to errors in duty to assist and need for additional medical opinions. The case will be reconsidered with new evidence.

The Board has remanded the Veteran's claims for headaches, back disability, left knee condition, and right knee condition due to a duty to assist error in not obtaining adequate examination opinions. The Veteran is seeking service connection for these conditions as secondary to her service-connected PTSD, tinnitus, or non-service connected TMD.

The Veteran's claim for an earlier effective date for hypertension is denied.,The Veteran's claim for a higher rating for his lumbar spine disability is denied.

The Board has determined that the claim for payment of non-VA care on April 5, 2020 should be remanded due to errors in notification and review process. The appeal will now consider whether the claim should have been reviewed under section 1703 or 1728.

The Veteran's appeals for chronic pain, left and right knee pain, and a breathing problem were dismissed. The Veteran's claims for service connection of his left hip disability (secondary to lumbar spine) and peripheral vestibular disorder (vertigo) are remanded.

The Board has determined that the Veteran's back disability, including lumbar strain with degenerative arthritis, stenosis, and nerve root impingement, is related to his military service. The evidence is in equipoise as to whether this condition was caused by an injury during service.

The Veteran's claims for increased evaluations of his lumbosacral strain, IVDS, cervical spine degenerative arthritis, left shoulder impingement syndrome, and left leg radiculopathy are remanded due to inadequate prior VA examinations. The Veteran needs new and adequate examinations to assess the severity of these conditions.

The Veteran's claims for earlier effective dates for his disability ratings of degenerative arthritis of the lumbar spine are being remanded due to a duty to assist error regarding the ameliorative effects of medication on his condition.

The Veteran's right and left lower extremity radiculopathy have been granted separate ratings of 20% and 10%, respectively, effective January 15, 2019.,Effective dates for these ratings are based on the VA examination reports that confirmed a bilateral radiculopathy diagnosis.

The Board has determined that the Veteran's low back disorder and insomnia are related to service, but has found insufficient evidence for a left knee disorder. The case is REMANDED to obtain an examination and opinion regarding the etiology of any diagnosed left knee disorder.

The Veteran's claim for an earlier effective date for fibromyalgia was denied, and her TDIU was granted with an effective date of July 28, 2015. The decision is based on the Veteran's service-connected conditions.

The Board has denied the Veteran's claim for service connection for sleep apnea and remanded his back disability claim. The case is now being returned to the AOJ for further action.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and evaluations.

The Board has remanded the Veteran's claims for service connection for right and left foot disabilities, as well as a left shoulder disability due to lack of evidence of an earlier claim. The Veteran is entitled to VA examination opinions regarding his claimed disabilities.

The Veteran's appeals for service connection for degenerative arthritis of the lumbar spine and tinnitus have been dismissed as both conditions were granted in a subsequent rating decision.

The Board has determined that the Veteran's lumbar spine disability is related to his military service and grants service connection for this condition.

The Board has denied the Veteran's claims for service connection for various conditions, including left foot disability (claimed as pes planus and calcaneal spur), hypertensive vascular disease, lumbar spine condition, irritable bowel syndrome (IBS), and gastroesophageal reflux disease (GERD). The appeals are all denied.

The Veteran's hypertension is granted as service connected, and it is also found to be secondary to his service-connected coronary artery disease.,The Veteran's coronary artery disease, cardiovascular disease, and quadruple bypass surgery are granted as secondary to his service-connected hypertension.

The Board has dismissed the Veteran's claims for service connection for lung cancer, anxiety, a low back condition, right foot tingling, left foot tingling, a bilateral eye condition, gastroesophageal reflux disease (GERD), hypoglycemia, and headaches as it lacks jurisdiction over these issues due to concurrent elections.