Back / lumbar spine decisions — 2024

The Board has remanded the claims for service connection for a lumbar spine condition and sleep apnea due to insufficient evidence regarding their etiology. The Veteran is not entitled to a rating at this time as there is no current disability found.

Your appeal of the service connection claims for left shoulder and back disabilities has been dismissed because your authorized representative withdrew the appeals before a decision was made.

The Board has granted service connection for a low back disability as secondary to the Veteran's service-connected left knee disability.

The Board dismissed the issue of service connection for allergic rhinitis. The claim for service connection for a back disability was reopened, but the appeal remains pending as it is remanded for additional development. The claims for service connection for a headache disability, cervical radiculopathy (right and left upper extremities), and a left knee disability are also remanded.

The Board has remanded the case due to unclear information regarding the Veteran's current employment status and income. The Veteran is required to complete a new VA Form 21-8940 and provide yearly income information for the period of May 2013 to present.

The Board denied the Veteran's claim for an earlier effective date for a 20 percent rating for low back strain, finding no evidence of an increase in disability within one year prior to May 30, 2017.

The claim for Vitamin D deficiency has been dismissed. The low back disability is granted and rated at 10%. Other issues are remanded.,Neck, rheumatoid arthritis, acquired psychiatric disorder (including dysthymic disorder and insomnia), allergic rhinitis, loss of sense of smell, and sinusitis for increased rating are all remanded.

The Veteran's degenerative disc disease and joint disease, as well as his radiculopathy (sciatic) of the left lower extremity prior to August 21, 2018, are granted with specific ratings.

The Veteran's lumbar spine disability and polymyositis and inflammatory myopathy have been granted service connection. The sinusitis, allergic rhinitis, and headache disabilities are remanded for further development.

The Veteran's right shoulder disability is rated at 20 percent, but the Board finds that a higher rating is not warranted due to limited range of motion. The Veteran's back surgical scars are noncompensable as they do not meet the criteria for a compensable rating under Diagnostic Code 7802.,The Veteran's left lower extremity radiculopathy is associated with his back disability and is inextricably intertwined, so it must be addressed along with the back disability issues.

The Veteran's service-connected disabilities, including asthma, migraines, PTSD, and TBI-related conditions, have rendered him unable to secure or maintain substantially gainful employment for the appeal period from May 14, 2018, to September 7, 2021, and from September 18, 2021, to September 7, 2022. Effective September 7, 2021, he is in receipt of a 100% combined schedular disability rating.

The Veteran is granted an effective date of April 19, 2018 for a 20% rating for left lower extremity sciatic nerve radiculopathy. The Board also grants entitlement to TDIU and DEA from June 18, 2018.

The Veteran's back disability is rated at 40 percent effective January 21, 2020. Ratings for left and right lower extremity radiculopathy prior to November 2, 2017 are denied.

The Veteran's petition to reopen claims for service connection for lumbar spine disability and PTSD is granted. Claims for service connection for chronic fatigue syndrome, chest pains, and a skin condition are denied. The Veteran's claim for service connection for obstructive sleep apnea (OSA) is remanded.

The Board has determined that the Veteran's current degenerative arthritis of the lumbar spine is related to his service, and thus grants the claim for service connection.

The Board has granted the Veteran's claim for service connection for a low back disability, finding that her current condition is etiologically related to her active duty service and granting presumptive service connection.

The Veteran's back disability, hepatitis C, and brain disability (manifested by cognitive issues) are all remanded for further development.,Service connection is also being remanded for a psychiatric disability.

The Veteran's appeal for left leg shin splints, right leg shin splints, and lumbosacral strain has been remanded due to the need for additional medical examination and opinion.,The Veteran's appeal for traumatic brain injury (TBI) and an acquired psychiatric disorder has also been remanded as there is insufficient evidence regarding their relationship to service.

The Board has granted service connection for the Veteran's degenerative disc disease of the lumbar spine, finding that it had its onset during service.