Back / lumbar spine decisions — 2024

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) as there was insufficient evidence to show he could not secure or follow substantially gainful employment due to his service-connected disabilities.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including right and left knee patellofemoral pain syndrome, lumbar spine disability, right ankle disability, deviated septum, diverticulosis, and respiratory/breathing disability. The claims are being returned for further development.

The Board has remanded the Veteran's claims for further development due to delays in scheduling VA examinations and failure to report to scheduled appointments. The appeals are related, so TDIU is also being deferred.

The Veteran's lumbar spine disability is remanded for a new VA examination to assess its current severity, as the previous one was inadequate.

The Board has granted service connection for right elbow and low back conditions, finding that the Veteran's current symptoms are at least as likely as not related to his military service.

The Board has dismissed the Veteran's appeals for service connection of left ankle disability, cervical spine disability, low back disability, and skin condition of the left foot due to the death of the appellant during the appeal process.

The appeal for service connection for residuals of traumatic brain injury (TBI), other than migraine headaches is dismissed. Service connection for tinnitus is granted, but the left shoulder disability and cold injuries to bilateral lower extremities are denied.

The Veteran's service-connected disabilities render him in need of the regular aid and attendance of another person, as he is unable to perform many daily activities without assistance due to his orthopedic and neurological impairments.

The Board has determined that additional evidence is needed to adjudicate the claims for service connection of right shoulder, back, right hip, right wrist, and right knee disabilities. The Veteran's pain disorders are being evaluated in light of recent legal developments regarding secondary service connection.

The Veteran's lumbosacral strain disability is rated at 40% prior to April 18, 2023, and in excess of 40% thereafter. The appeal has been denied as the current rating adequately reflects the severity of his condition.

The Board has granted service connection for the Veteran's back condition, diagnosed as degenerative disc disease with right lower extremity radiculopathy and left lower extremity radiculopathy with degenerative joint disease of the lumbar spine. The appeal regarding entitlement to service connection for a left hip disability is remanded.

The Board has dismissed the claims for a bilateral vision disability, diabetes, and obstructive sleep apnea as they were withdrawn by the Claimant with assistance from his attorney.

The Board has determined that the Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected lumbar spine and left knee disabilities, and thus grants a TDIU on an extraschedular basis prior to February 1, 2012.

The Veteran's claims for service connection have been reopened, but the appeals for some disabilities are remanded due to lack of medical examinations and opinions.

The Board denied an earlier effective date for the grant of service connection for a lower back condition, finding that the earliest possible effective date is November 14, 2013.

The Board has granted service connection for migraine headaches and lumbar strain, finding that the Veteran's conditions were first incurred during her military service. The decision also found in favor of reopening the claim for service connection for migraine headaches.

The Board has remanded the Veteran's claims for increased ratings and service connection due to inadequate medical opinions, lack of in-person examinations, and other procedural issues.

The Board has remanded several issues related to the Veteran's service connection claims, including thoracolumbar spine disability, cervical spine disability, right upper extremity disability, jaw disability, bilateral knee disability, left and right shin splints, right ankle disability, and left ankle disability. The issues are being remanded for further development.

The Board has remanded the Veteran's claims for service connection for low back and neck/cervical spine disabilities due to insufficient medical opinions addressing continuity of symptoms since service.

The Board has remanded several issues related to the Veteran's service connection claims, including left hand and wrist condition, diverticulosis, bilateral hearing loss, lower back condition, bilateral lower extremity radiculopathy, and right hip condition. The remand requests additional medical opinions on these issues.