Back / lumbar spine decisions — 2024

The Board has remanded the claims for additional development due to the need for a retrospective opinion regarding the Veteran's lumbar spine IVDS with arthritis and radiculopathy of the left lower extremity, as well as addressing his contentions of increased severity post back surgery.

The Board has remanded the Veteran's claims for cervical spine, lumbar strain, bilateral lower extremity radiculopathy, hernia, allergic rhinitis (allergies), and plantar fasciitis due to incomplete STRs and other procedural issues.,Specifically, the Veteran was not provided proper notification regarding her STRs as required by 38 C.F.R. § 3.159(e).

Service connection granted for left ankle pain, irritable bowel syndrome, and lower back condition. Initial ratings assigned.,Migraine headaches rated at 30 percent.

The Veteran's petitions to reopen claims for service connection of left knee, right hip, and low back disabilities have been granted. The issues of increased ratings for bilateral hearing loss and effective date for MDD are remanded.

The Board has remanded the Veteran's claims for additional review of his case, including any new VA medical records added to the file since the last decision. The Veteran and his representative have not provided a waiver of initial AOJ consideration.

The Veteran's claim for service connection for degenerative joint disease of the thoracolumbar spine has been reopened. The Board finds that new and material evidence has been received to reopen the previously denied claim, but further examination is needed to determine if his back disability was aggravated by his service-connected left knee strain.

The Board has granted service connection for a low back disability, finding that the evidence is at least in equipoise as to whether the Veteran's diagnosed low back disability is etiologically related to his active service. The criteria to establish entitlement to service connection are met.

The Veteran's claims for service connection have been reopened, but the Board has determined that new and material evidence has not been received to reopen his claims for bilateral hearing loss disability and tinnitus. The low back disorder claim is remanded for further development.

The Board has granted service connection for a low back disability, finding that the Veteran's current condition is likely related to his active duty service.

The Veteran's appeal of the issue of entitlement to an evaluation in excess of 50 percent for service-connected PTSD has been withdrawn. The issues of service connection for a chronic sinus condition and allergies (claimed as chronic allergy) are remanded, while the issue of an evaluation in excess of 10 percent for service-connected thoracolumbar spine disc protrusion is also remanded.

The Board has denied service connection for right knee disability and remanded the issue of service connection for mild degenerative changes of low back.

The Board has determined that the Veteran's claims for service connection are remanded for additional development and clarification of his conditions, exposure basis, and theories of entitlement. The issues include bilateral hand disability, hypertension, cervical degenerative disc disease, lumbar degenerative disease, respiratory disability (asthma), bilateral hearing loss, and left knee disability.

The Veteran's claims for service connection for left ear hearing loss and fibromyalgia have been denied. The Veteran has been granted a 50% rating for migraine headaches, effective August 1, 2014, with no higher ratings allowed.

The Board has granted the Veteran's claim for service connection for radiculopathy of bilateral lower extremities, finding that it is secondary to his service-connected lumbar spine strain. The claims for increased ratings and TDIU are remanded.

The Board has determined that additional evidence must be considered by the AOJ before a final decision can be made on the Veteran's claims for increased ratings for left knee strain, right knee strain, and lumbosacral strain.

The Board has granted service connection for cervical spine, lumbar spine, right shoulder, right hip, and bilateral ankle disabilities. Additionally, the Board has also granted service connection for fibromyalgia, chronic fatigue syndrome (CFS), and Gulf War Illness (GWI) based on new evidence received since the last decision.

The Veteran's appeals for increased disability ratings and service connection were withdrawn, resulting in the dismissal of these issues. The appeal for service connection for erectile dysfunction as secondary to medications taken for service-connected disabilities was remanded.

The Veteran's lumbar spine degenerative disc disease was granted a rating of 20 percent prior to February 24, 2021. The Board found that the Veteran's functional limitations caused by pain and during flare-ups warranted this rating.

The Veteran's service connection claims for a sleep disorder and back disorder have been denied as there is no evidence of current disabilities separate from his service-connected conditions.,The VA examiner found that the Veteran does not have a current disability of a sleep disorder, separate and distinct from his PTSD. The examiner also opined that the Veteran's claimed sleep disorder is less likely than not secondary to his service-connected tinnitus.

The Board has determined that further development is necessary before any of the Veteran's claims can be adjudicated, including obtaining relevant treatment records and scheduling medical examinations to address the nature and etiology of his claimed disabilities.