Back / lumbar spine decisions — 2024

The Veteran's appeals for increased disability ratings and service connection have been dismissed as the appellant has withdrawn them.

The Board has restored service connection for Degenerative Disc Disease and Intervertebral Disc Syndrome as additional diagnoses to the Veteran's service-connected lumbar spine strain, and also restored service connection for left lower extremity radiculopathy secondary to his service-connected low back condition.

The Veteran's claims for increased ratings for intervertebral disc syndrome, right shoulder strain, and onychomycosis were denied. The lumbar spine disability was not shown to meet the criteria for a higher rating based on limitation of motion or incapacitating episodes. Right shoulder strain did not meet the criteria for a higher rating due to limited flexion. Onychomycosis required only topical therapy.

The Board denied an initial disability rating in excess of 40 percent for the service-connected lumbar spine degenerative arthritis from November 20, 2009.

The Board has remanded the cases due to insufficient medical opinions and need for further development, including obtaining additional VA treatment records and verifying the Veteran's reported fall down barracks stairs.

The Board has granted service connection for lumbar strain and degenerative joint disease of the lumbar spine, finding that the Veteran's pre-existing conditions worsened during a period of inactive duty training (IDT) in January 2016 due to an injury. The Board resolved reasonable doubt in favor of the Veteran.

The Board has denied service connection for lumbar disability and bilateral foot disability. The appeal regarding the Veteran's acquired psychiatric disorder (PTSD and depression) is being remanded due to incomplete information provided by the Veteran.

The Board has remanded the Veteran's claims for increased ratings for low back pain and cervical spine disabilities due to inadequate examinations. The Veteran is also being asked to complete a VA Form 21-8940 regarding his TDIU claim.

The Board has remanded the Veteran's claims for left knee and lumbar spine disabilities due to inadequate medical examinations and failure to address certain evidence in prior decisions.

The Board has remanded the case for further development, including obtaining updated VA treatment records and scheduling a VA examination to assess the Veteran's lumbosacral strain. The TDIU claim is also being deferred due to its interrelated nature with the rating issue.

The Board has remanded the case for further development, including obtaining updated VA treatment records and conducting examinations to assess the Veteran's service-connected disabilities. The TDIU claim will be reconsidered based on this additional evidence.

The Veteran's service-connected conditions have made it necessary for him to rely on the aid and attendance of another person since March 30, 2016. The Board has granted SMC based on this need.

The Veteran's service-connected lumbar spine and associated bilateral lower extremity radiculopathies rendered him unable to secure or follow substantially gainful employment from June 30, 2006, onward. The Board granted a 20% disability rating for the period on appeal (not including any periods of convalescence) due to severe muscle spasm and guarding resulting in abnormal gait or spinal contour.

The Veteran's appeal for a higher rating for his right lower extremity lumbar radiculopathy of the sciatic nerve, from July 30, 2019, has been dismissed due to the Veteran's death. The Board cannot issue a decision on this claim as it is no longer pending.

The Board has remanded the case due to inadequate VA examination and failure to consider the Veteran's contention that his back condition is related to service as a heavy equipment operator.

The Board has determined that the Veteran's bilateral pes planus, right shoulder condition, degenerative changes at L5-S1 with thoracolumbar dextroscoliosis, right lower extremity sciatic nerve radiculopathy, and left lower extremity sciatic nerve radiculopathy require further examination and evaluation to determine appropriate disability ratings.

The Board has remanded the Veteran's claims for neck, back, and left knee disorders due to incomplete pre-decisional duty to assist.

The Veteran's appeal for higher ratings for his service-connected back disability is dismissed as he has requested to withdraw the appeal.

The Veteran's headaches are not rated higher than zero percent due to the lack of characteristic prostrating attacks.,The Veteran's lumbar spine disability is not rated higher than 20 percent as it does not meet the criteria for ankylosis or forward flexion limited to 30 degrees.

The Veteran's appeal for service connection for lumbosacral strain was dismissed due to the death of the Veteran.