Back / lumbar spine decisions — 2024

The Board has remanded the cases for further development due to inadequate examination and incomplete record. The Veteran's claims of increased ratings for his cervical spine and right upper extremity radiculopathy are now pending.

The Veteran withdrew her appeals for multiple conditions, including bilateral plantar fasciitis, bipolar disorder, and others. The Board dismissed the appeal as a result of the withdrawal.

The Veteran's appeals for right knee, left knee, right shoulder, and right arm disorders have been dismissed due to withdrawal of the claims.,The Veteran's appeal for testicular disorder has also been dismissed due to withdrawal of the claim.,Service connection is granted for an acquired psychiatric disorder (including panic attacks, memory loss, anxiety), a low back disorder, and tinnitus.

The Board has remanded the claims for service connection for back, right knee, left knee, and gastrointestinal disorders due to new evidence received since the final October 1996 rating decision.

Service connection is denied for a right shoulder condition, back disability, ingrown toenails of the left and right feet, eye condition (refractive error), hearing loss, respiratory condition, digestive condition, and chronic fatigue syndrome.,Service connection is granted for tinnitus and depression with anxiety.

The Board has decided that additional development is needed for the Veteran's claims regarding back disability, left knee disability, arthritis, right foot disability (secondary to left knee), and residuals of breast cancer due to radiation. The records from VAMC Chicago and any related Social Security Administration records are requested.

The Veteran's claim for a higher initial rating for his thoracolumbar spine disability was denied. The Board found that the evidence did not support an increase in rating above 20 percent prior to August 16, 2018 and did not find any evidence of unfavorable ankylosis or incapacitating episodes due to intervertebral disc syndrome (IVDS) since then.

The Veteran's claims for an increased rating for lumbar strain with arthritis and intervertebral disc syndrome, as well as his claim for service connection for a cervical spine disorder, are being remanded due to inadequate development in prior Board decisions. Further examination is needed to assess the current severity of the lumbar spine disabilities and determine if there is a nexus between the Veteran's in-service complaints and his current cervical spine disability.

The Board has remanded the claims for service connection for multiple myeloma and lumbosacral strain secondary to multiple myeloma due to the in-service occurrence of symptoms that may be related to these conditions, but a definitive diagnosis is lacking. A medical opinion is needed to determine if the current diagnoses are at least as likely as not due to service.

The Board has remanded the claims for service connection due to additional evidence being submitted by the Veteran. The issues of low back disorder, acquired psychiatric disorder (claimed as depression), and erectile dysfunction secondary to a low back disability are now pending before the AOJ.

The Board has denied the Veteran's claims for service connection for left shoulder, lumbar spine, left knee, and right knee disorders due to a lack of evidence linking these conditions to his active duty service.

The Board has remanded the claims for service connection for a back disorder, radiculopathy of the left lower extremity as secondary to a back disability, and TDIU due to issues with the service records provided. The claims will be reviewed again by VA examiners to determine the etiology of the Veteran's conditions.

The Veteran's claims for an effective date prior to June 14, 2017 and for a higher initial rating from June 14, 2017 for lumbosacral spine strain with degenerative disc disease are dismissed.,The Veteran's claim for an earlier effective date of May 8, 2013 for the grant of an initial 10 percent rating for residuals of a left tibia fracture is denied. The Veteran's claim for an initial 20 percent rating, but no higher, for residuals of left tibia fracture is granted.

The Board denied service connection for PTSD and an acquired psychiatric disorder including PTSD, finding no credible supporting evidence of an in-service stressor. The claim for a back disability was also denied as there is no evidence of a disease or injury during service that caused the current condition.,Service connection was not granted for an acquired psychiatric disorder other than PTSD and a back disability due to lack of evidence showing such conditions were incurred or aggravated by service.

Service connection for a right knee disability is denied.,Service connection for a left knee disability and low back disability are granted.

The Board has granted an initial disability rating of 10 percent for the service-connected lumbar strain from May 19, 2017 to April 2019.

The Veteran's allergic rhinitis is granted as service connection pursuant to the PACT Act due to exposure during Gulf War service.,Service connection for lumbar spine disability, right lower extremity neuropathy, and migraine headaches are granted based on continuity of symptomatology since service.

The Veteran is granted an effective date of December 31, 2016 for the award of a total disability rating due to individual unemployability (TDIU). This decision is based on the fact that he was unable to secure or follow substantially gainful employment as a result of his service-connected disabilities as of December 31, 2016.

The Veteran's appeal is remanded for additional development to ensure substantial compliance with prior remand instructions.

The Board has remanded the cases due to new evidence being added since the last decision, and the Veteran did not respond within the required timeframe. The AOJ will review the new evidence and issue a decision.