Back / lumbar spine decisions — 2024

Service connection is granted for bilateral dry eye syndrome, tinnitus, and migraine headaches. Service connection is denied for acquired psychiatric disorder, hypertension, erectile dysfunction, right knee disability, left knee disability loss, left hip disability, right foot disability loss, lumbar spine disability, and skin rash.

The Veteran's appeal is remanded for further review of his claims, including a determination on compensation under 38 U.S.C. § 1151 and special monthly compensation (SMC) at the O level.

The Board has determined that new and relevant evidence has been submitted to readjudicate the Veteran's claim for service connection for depression. The case is being remanded to consider the merits of his claims for lower back disability.

The Veteran's claim of service connection for a back disability is being remanded due to the submission of new and relevant evidence, including diagnoses of arthritis, herniated nucleus pulposus, lumbar stenosis, foraminal stenosis, and left lumbar radicular pain. The VA will obtain a medical opinion to determine if these disabilities are related to service.

The Board has denied service connection for back, right shoulder, and left shoulder disabilities. The psychiatric disorder claim is remanded due to a duty to assist error.

The Board has decided to remand the case due to inconsistencies in medical opinions and need for further clarification of the Veteran's back condition.

The Board has remanded the Veteran's claims for service connection for back condition, neck condition, and alcohol abuse disorder due to incomplete records from his active military service.

The Veteran's claim for earlier effective dates and initial ratings for migraine headaches, back disability, and left knee arthritis was denied.,An initial rating of 50 percent for migraine headaches is granted.

The Veteran's appeals for service connection for left ear hearing loss and an initial compensable rating for right ear hearing loss have been dismissed.,The Veteran's appeal for service connection for diabetes has been granted, with the benefit of doubt being conferred in his favor.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's back condition and its relation to his military service. A VA examination is required.

The Board has granted eligibility for attorney fees in the amount of 20% of past-due benefits awarded in a December 2022 rating decision, as the appellant provided representation after notice of the initial August 2020 rating decision and the AOJ found clear and unmistakable error (CUE) in previous decisions.

The Veteran's claims for service connection for a respiratory condition, back condition, nose condition, and residuals of an excision of an osteochondroma right ilium are denied as the evidence does not support current diagnoses or a causal relationship to service.

The Board has granted service connection for the Veteran's back and neck disabilities, finding that they are related to his active duty service.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his service-connected conditions do not preclude him from securing and following substantially gainful employment.

The Board has granted effective dates of March 1, 2011 for service connection of degenerative disc disease of the cervical and lumbar spines.

The Board has decided to remand the Veteran's claim for service connection due to a pre-decisional error in not obtaining an adequate VA medical opinion prior to the October 2019 rating decision on appeal. The Veteran is required to provide additional evidence and clarification of his claims.

The Veteran's lumbar strain, PTSD, and TBI prior to the specified dates were denied as not meeting the criteria for higher ratings. The Veteran was granted a 40% rating for his lumbar strain from March 16, 2018 onwards.

The Veteran's back disability is rated at 40 percent from April 7, 2014, to October 31, 2014, and in excess of 20 percent thereafter. The rating for bladder incontinence remains at 40 percent after January 8, 2020.

The Board has decided to remand the case due to incomplete evidence, particularly missing service treatment records from the Veteran's first period of active duty and medical records related to his deployment in New Orleans following Hurricane Katrina. The Veteran is seeking service connection for a lumbar spine disability that he claims began during training at Hurlburt Field in October 2006.

The Veteran's claim for an increased rating for his service-connected lumbar disability is being remanded due to the need for a new VA examination at the Miami VAMC to assess the severity of his condition, including any functional limitations caused by pain and flare-ups.