Back / lumbar spine decisions — 2024

The petition to reopen the previously denied claim of service connection for bilateral pes planus is denied.,The petition to reopen the previously denied claim of service connection for a low back disability is denied. The appeal is remanded due to new evidence.

The Veteran's thoracolumbar spine disorder, bilateral hearing loss, and acquired psychiatric disorder are all granted as service-connected due to continuity of symptomatology since service.

The Veteran's appeal for service connection for a back condition, including as due to a right knee disability is being remanded due to procedural issues.

The Veteran's claims for service connection for a right ankle disability and back disability, as well as increased ratings for PTSD and tendonitis of the left ankle, are denied due to failure to report for scheduled VA examinations.,The Veteran's claim for TDIU is abandoned due to failure to report for scheduled VA examinations.

The Veteran's back disability was rated at 10 percent from January 1, 2013 to April 27, 2014. The rating is denied for a higher evaluation.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's low back disability is secondary to his service-connected bilateral plantar fasciitis.

The Veteran's lumbar spine disability is now rated at 40 percent effective August 23, 2016. A separate 10 percent rating for radiculopathy of the left lower extremity is also granted.

The Veteran's bilateral knee disabilities and degenerative disc disease L5-S1 are rated as noncompensably disabling. The right and left knee disabilities each receive a 10 percent rating for limitation of extension, while the L5-S1 disability receives a 20 percent rating prior to September 24, 2018, and a 40 percent rating thereafter. The Veteran's appeal is remanded for further examination regarding his back disability.

The Veteran's claim for service connection for lumbar spine condition and obstructive sleep apnea, both related to his service-connected cervical spine disability, is being remanded due to the need for additional medical opinions.

The Board has remanded the cases due to additional VA treatment records and examination reports being added after the February 2022 hearing. The claims for service connection for a back condition and compensation under 38 U.S.C. § 1151 for a fractured jaw need to be reconsidered by the AOJ.

The Board has dismissed all claims due to the appellant's withdrawal of her appeal.

The Veteran's petition to reopen the claim of entitlement to service connection for a low back injury was granted, and secondary service connection for a low back disability due to his bilateral knee disability is also granted. The Veteran's TDIU claim throughout the appeal period is also granted.,Throughout the appeal period, the Veteran's service-connected disabilities have precluded him from securing and maintaining substantially gainful employment.

The Board denied service connection for a low back disability and a neck disability, finding that there was no evidence of an in-service injury or disease related to these conditions.

The Board has remanded the Veteran's claims for increased ratings and service connection due to insufficient evidence in some cases, including the need for a VA examination regarding pain on motion and the presence of lower extremity radiculopathy.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's neck condition was aggravated by her service-connected low back condition.

The Veteran's claim for service connection for sleep apnea is remanded as there is evidence suggesting a secondary relationship to his GERD, which is already service-connected.,The Veteran's claim for service connection for right lateral epicondylitis and olecranon bursitis of the elbow is also remanded due to lack of current diagnosis.

The Board has remanded the Veteran's claims for service connection for low back and neck disabilities due to insufficient evidence. The Veteran contends that he sustained a tailbone injury during basic training, which may have led to his current disabilities.

The Veteran's claim for a higher initial rating of lumbosacral arthritis with strain is granted. Claims for right and left lower extremity radiculopathy, bilateral pes planus, service connection for skin disability (PFB), ankle disability, and TDIU are also granted.

The Veteran's increased rating and initial disability rating claims for his lumbar spine disability and left lower extremity radiculopathy were denied. The Board found that the Veteran did not meet the criteria for a higher rating prior to October 18, 2023, or since then.

The Board has decided to remand the cases for further examination and evaluation due to inadequacies in previous examinations and inconsistencies in representation.