Back / lumbar spine decisions — 2024

The Veteran's cervical spine condition (claimed as an upper back condition) is denied because there is no current evidence of a disability and the Board finds that any such disability, if present, did not begin during active service or is otherwise related to an in-service injury, event, or disease.,Service connection for sleep apnea, to include narcolepsy, is granted as it is at least as likely as not incurred in or caused by active military service. The Veteran's current sleep apnea was permanently aggravated by the pain from his service-connected back, shoulder, and knees conditions, and the medications used to treat those conditions.,Service connection for COPD is granted as it is proximately due to or the result of the service-connected obstructive sleep apnea.

The Board has reopened the Veteran's claims of service connection for lumbar spine and hemorrhoid disabilities due to new evidence submitted since the last denial. The claims are now pending on their merits.,Service connection for a chronic sinus disability is denied as there is no probative medical evidence indicating the Veteran has a current sinus disability that was incurred in service.

The Board has reopened the service connection claim for lumbar spine disability and remanded it. The initial ratings for bilateral hammertoe remain denied, as does the TDIU claim.

The Board has remanded the claims for service connection for lumbar spine, right hip, and left hip disabilities as secondary to service-connected plantar fasciitis due to insufficient clarity in the addendum opinions regarding aggravation.

The Veteran's thoracolumbar spine disorder is rated at 40 percent from February 3, 2022 onward. The issues of service connection for an acquired psychiatric disorder and TDIU prior to February 3, 2022 are remanded.

The Veteran's service connection claims for back condition, dizziness, headaches, and hemorrhoids are being remanded due to insufficient evidence. The VA is required to assist the Veteran in obtaining his military personnel records and medical records to substantiate his claims.

The Veteran's claim for service connection for tinnitus has been granted. The effective date of the award is March 22, 2018.,Service connection for bilateral hearing loss was denied as there is no earlier effective date sought or indicated by the Veteran.

The Board has denied service connection for left knee and middle finger conditions, as well as low back and right lower extremity radiculopathy. The claims are still pending and will be remanded to further develop the evidence.

The Veteran's claims for service connection for a back condition and a bilateral foot condition are remanded due to the need for additional development, including obtaining medical records and providing an addendum opinion.

The Board has remanded the Veteran's claims for additional examination opinions to determine if his claimed disabilities are related to service. The issues of service connection have been remanded.

The Veteran's claims for increased ratings for his service-connected lumbar spine and bilateral hip disabilities are being remanded due to the need for additional development, including retrospective medical opinions regarding range of motion findings and flare-ups.

The Board has remanded the Veteran's claims for additional examinations to determine the nature and etiology of his claimed back, left knee, right knee, respiratory, and psychiatric disabilities. The appeals are not about service connection based on exposure to burn pits, Agent Orange, Camp Lejeune, radiation, or Gulf War Syndrome.

The Veteran's appeal regarding higher evaluations for his lumbar spine disability and sciatic nerve radiculopathies in the lower extremities was denied. The Board found that the evidence did not support a rating higher than 40 percent for right lower extremity sciatic nerve radiculopathy from May 2, 2023, or any other issues raised.

The Veteran's migraine and tension headaches are granted a 50% disability evaluation effective May 23, 2023.,The Veteran's degenerative disc disease of the cervical spine is granted a 30% disability evaluation since May 23, 2023.

The Veteran's requests for earlier effective dates for the awards of service connection for disabilities of the right knee, left knee, and lumbar spine are dismissed.,An effective date earlier than December 1, 2017, for the award of service connection for residuals of a stroke is denied.

The Veteran's service-connected disabilities have not rendered him unable to secure or follow a substantially gainful occupation for any time period on appeal.

The Board dismissed the appeals for higher ratings for a thoracolumbar spine disability and right lower extremity radiculopathy, as well as entitlement to TDIU prior to October 17, 2014. The Veteran was granted TDIU on an extraschedular basis from October 17, 2014.

The Board has determined that additional development is needed for the Veteran's claims of service connection, rating increases, and TDIU. The claims are REMANDED to allow for further examination and opinion regarding the nature and etiology of his disabilities.

The Board has remanded the Veteran's claims for service connection due to outstanding medical records and further examination.

The Veteran's claims for service connection have been granted. However, the Board has found that additional development is needed to address the issues of secondary service connection for stomach disorder, lumbar spine disability, hypertension, and acquired psychiatric disorder.