Back / lumbar spine decisions — 2024

The Veteran's low back strain and sciatic radiculopathy have been granted increased evaluations, but the claims for higher ratings prior to specific dates remain pending.

The Board has dismissed all issues related to service connection and rating for psychiatric disorders, lower back disabilities, and right knee disabilities. The Veteran withdrew these issues from appeal.

The Board has denied service connection for neck, back, bilateral hip, bilateral knee, and bilateral ankle disabilities due to lack of evidence linking these conditions to the Veteran's active duty service.

The Board denied service connection for a psychiatric disorder and a back disorder, finding insufficient credible evidence to support the Veteran's claims.

The Board denied service connection for degenerative disease of the cervical spine and lumbosacral strain, finding that there is no evidence of chronic conditions related to service.,Service connection was also not granted for hypertension due to a remand.

The appeal for reducing the PTSD rating from 100% to 70% and restoring the back disability rating from 40% to 20% was denied. The appeal for severance of SMC housebound benefits was granted.

The Board has determined that the Veteran's cervical spine disability, right shoulder disability, and left shoulder disability were not incurred or aggravated during service. The disabilities are considered to be unrelated to service.

The Veteran's lumbar spine, left hip arthritis, and right hip arthritis have been granted service connection. The left ankle strain has also been granted as secondary to the Veteran's service-connected bilateral knee disabilities.,Service connection for these conditions is established based on direct evidence of their occurrence during military service.

The Veteran's appeal was dismissed due to his death, and the case is not about service connection.

The Board has remanded the Veteran's claims for hypertension, sleep apnea, and lumbar spine disorder due to inadequate opinions from the July 2023 VA examiner. Additional TERA exposure assessments are needed.

The Board has decided to remand the claims for degenerative arthritis, lumbar spine with intervertebral disc syndrome and bilateral sciatic nerve radiculopathy due to inadequate examination records. The Veteran's statements and clinical records will be used to determine the severity of his conditions during the specified time period.

The Veteran's depressive disorder was granted an initial evaluation of 70 percent, but no higher, for the period prior to March 6, 2018. For the period from March 6, 2018, a 100 percent rating is granted.

The Veteran's claim for service connection for sinusitis is denied as there is no current disability. The initial compensable rating for bilateral hydrocele is also denied due to lack of evidence of atrophy or removal of both testes.,Multiple issues related to the Veteran's service-connected disabilities are remanded, including lumbosacral strain, allergic rhinitis, groin strain, convergence insufficiency, restless leg syndrome, eczematosis, serborrheic dermatitis, TBI with associated migraine headaches and PTSD, right knee strain, and GERD. The Veteran's claim for a total disability rating based on individual unemployability is also remanded.

The Board has granted the Veteran's claims of service connection for lower back, cervical spine, and right shoulder disabilities. These conditions are considered to be directly related to his in-service motorcycle accident.

The Board has remanded the Veteran's claims for additional examinations to determine the current severity of his service-connected back disability and left femur fracture disability with left knee disability. The Veteran is expected to cooperate in this process.

The Board has remanded the Veteran's right shoulder disability claim for development due to an administrative error in the assignment of a hearing docket.

The Veteran's claim for an evaluation in excess of 40 percent for lumbosacral strain with degenerative disc disease and IVDS is denied.,The Veteran's claims for higher evaluations for right lower extremity radiculopathy involving sciatic nerve and left lower extremity radiculopathy involving sciatic nerve are granted, but only effective from May 11, 2017.,The Veteran's claims for service connection for a sleep disorder, right ankle disorder, left ankle disorder, and left foot disorder remain pending and are remanded.

The Board has found that there has not been substantial compliance with the prior remand directives and has therefore ordered a new remand for the claim of service connection for a back disorder to ensure full compliance.

The Board has remanded the case due to a need for an addendum medical opinion regarding whether the Veteran's functional ankylosis is favorable or unfavorable, and to determine if there was any onset of functional ankylosis over the appeal period.

The Board has been unable to locate a military medical separation examination in the claims file and is therefore remanding the appeal for service connection for gastroesophageal reflux disease (GERD).