Back / lumbar spine decisions — 2024

The Board found that the original grant of service connection for a back disability and bilateral lower extremity radiculopathy was not clear and unmistakable error (CUE), thus the severance of service connection was improper, and the appeal is granted.

The Board denied service connection for a back disability and remanded claims for PTSD, major depressive disorder, and memory disorder. The decision on the back disability claim is that it was not incurred in or related to military service.

The Board has granted service connection for thoracolumbar and cervical spine conditions as secondary to bilateral hip conditions. The case is remanded for further examination regarding the cervical spine condition.

The Veteran's reactive airway disease is rated at 30% from October 6, 2022. The Board has remanded the claims for service connection of left shoulder and lower back conditions due to insufficient evidence.

The Board has remanded the Veteran's claims for service connection for lumbar and thoracic spine disabilities due to insufficient examinations and outstanding private medical records. The VA is required to attempt contact with the Veteran using her known email address, obtain any missing VA medical records, and schedule the Veteran for necessary VA examinations.

The Board has denied the appellant's claim for service connection for lumbosacral strain due to lack of a causal relationship between his current condition and in-service back strain.,The Board has remanded the claims for service connection for a right hand disability, including residuals of frostbite and tenosynovitis, and for migraine headaches associated with service-connected adjustment disorder.

The Veteran's claims for earlier effective dates and increased ratings were denied due to lack of evidence showing an earlier date of claim or intent to file a claim.,Ratings in excess of 10 percent are not warranted for the Veteran's bilateral lower extremity radiculopathy conditions prior to July 2, 2021.

The Board denied the Appellant's claim for DIC under 38 U.S.C. § 1318 because the Veteran was not rated as totally disabled due to service-connected disabilities for a period of at least 10 years immediately preceding his death, and he was not in receipt of a total rating based on individual unemployability.

The Board has remanded the case due to insufficient evidence regarding the Veteran's back disability, specifically his in-service injuries and their relation to his current condition.

The Veteran's right and left hip pain are granted as secondary to his service-connected back disability.,The Veteran's right shoulder disability is granted.

The Veteran's claims for high blood pressure, left shoulder disability, right knee disability, back disability, and bilateral finger/thumb disabilities are being remanded due to the need for additional medical examinations.

The Board has determined that additional development is needed for the issues of evaluating lumbar DDD with IVDS and TDIU. The Veteran will need to undergo a new medical examination to provide range of motion measurements, address pain during use, and assess functional impairment.

The Veteran's claims of higher disability ratings for back and radicular disabilities are remanded due to the possibility of worsening since a previous examination in 2018. The TDIU claim is also remanded as it is intertwined with the remanded claims.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and opinions regarding her musculoskeletal disabilities, diabetes mellitus, hypertension, and acquired psychiatric disorder.

The Veteran's low back pain and lumbar herniated disc are granted service connection. The respiratory disability (claimed as chronic cough), allergic rhinitis, and headache disability claims are remanded for further development.

The Board denied service connection for neuropathy of the left lower extremity (LLE), right lower extremity (RLE), left upper extremity (LUE), and right upper extremity (RUE). The Board also denied service connection for a neck condition and a back condition.,Service connection was not granted for any of the claimed conditions.

The Veteran's claims for service connection for various conditions, including tension headaches, migraines, respiratory problems, rhinitis, sinusitis, and a right knee disorder are denied. The Board found that the current disabilities were not present in service or related to service.

The Board has remanded the Veteran's claims for lumbar spine disability and tension headaches due to insufficient medical opinions addressing the nature and etiology of these conditions, as well as whether they are related to service-connected PTSD.

The Board has decided to remand the claims for service connection of various disabilities, including obstructive sleep apnea, lumbar spine disability, left foot disability, right hand carpal tunnel disability, and left hand carpal tunnel disability. The AOJ must attempt to obtain the Veteran's military exit medical examination report and entire military personnel record.

The Board has granted service connection for the Veteran's degenerative disc disease of the lumbar spine, finding that it is causally related to his military service.