Back / lumbar spine decisions — 2024

The appeal for service connection of a low back disorder is dismissed as the Veteran's claim was granted with full benefits. The right leg length discrepancy issue is remanded due to insufficient evidence on its etiology.

The Board has granted service connection for the Veteran's claimed conditions, including diverticulitis with GERD and resection of the small intestine, sleep apnea, degenerative arthritis of the thoracolumbar spine, right lower extremity sciatica, and left lower extremity sciatica. The claims are remanded for further development.

The Veteran's right arm/shoulder, neck, and back disabilities are granted as compensation under 38 U.S.C. § 1151 due to the April 2016 carotid endarterectomy (CEA) procedure.

The Veteran's thoracolumbar spine disability is rated at 20 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The psychiatric disability is also rated at 50 percent.

The Board has granted service connection for a back condition and a heart condition, finding that the Veteran's conditions are related to his military service.

The Board has remanded the Veteran's claim for a back disability due to insufficient medical opinion regarding the relationship between his service and acquired back disorders. The case will be returned to obtain an adequate medical opinion.

The Veteran's lumbar spine disability was granted a 40% rating effective February 19, 2021.,Right wrist and costochondritis disabilities were each granted a 10% rating effective September 21, 2020.,Service connection for sleep apnea was established with an effective date of June 29, 2021.,Service connection for cervical spine disability was denied.,TDIU was granted.

The Board has remanded the case due to a duty to assist error and requests that the Veteran provides additional medical records, including from his chiropractor.

The Veteran's claims for left and right knee disabilities, as well as a back disability, are being remanded due to the need for additional medical opinions and examinations.

The Veteran's service-connected disabilities do not result in physical loss of use of one or both hands or feet, permanent impairment of vision in both eyes, severe burn injury precluding effective operation of an automobile, ALS, or ankylosis of one or both knees or one or both hips. Therefore, the Veteran does not meet the eligibility criteria for financial assistance to purchase a vehicle and adaptive equipment.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, high blood pressure, back disability, hand and foot degenerative arthritis, pes planus, migraine disability, and concussion disability, were denied. The Board found no current diagnosis of these conditions or evidence linking them to service.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional development. The Board found no evidence of unfavorable ankylosis or incapacitating episodes, thus denying a higher rating for his neck disability.

The Veteran's obstructive sleep apnea (OSA) is granted as secondary to his service-connected intervertebral disc syndrome (IVDS) with spondylosis of the thoracolumbar spine, lower back, and left ankle sprain status post fracture with surgical repair.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation. A reasonable possibility that the Veteran is unemployable because of his service-connected disabilities is not substantiated.

The reduction of the Veteran's lumbar spine disability from 20 percent disabling to 10 percent effective from April 18, 2022, was improper. The Veteran's rating is restored from that date. However, the appeal for a higher rating remains pending and requires further examination.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities has been granted. The Board found that the Veteran meets the schedular requirements and is unable to secure or maintain substantially gainful employment.

The Veteran's service-connected intervertebral disc syndrome and degenerative arthritis are currently rated at 20 percent, which is the maximum rating available under VA regulations. The Veteran's erectile dysfunction is not compensable.

The Board has decided to remand the case due to inadequate opinion regarding whether the Veteran's thoracolumbar degenerative disc disease and degenerative arthritis is secondary to his service-connected left ankle disability.

The Veteran's thoracolumbar spine disability was incurred in service and the Board has granted service connection for this condition.

The Veteran's claims for PTSD, depression, dizziness, light sensitivity, liver disorder, gynecological cyst, bladder disorder, headaches, allergies, hypothyroidism, cervical spine disorder, thoracolumbar spine disorder, left upper extremity peripheral neuropathy, right upper extremity peripheral neuropathy, left winged scapula, left shoulder disorder, right winged scapula, right shoulder disorder, left knee strain, right knee strain, and left ankle sprain were all denied as there was no evidence of a service connection for these conditions.