Back / lumbar spine decisions — 2024

The Veteran's claim for an initial rating in excess of 10 percent for lumbosacral spine degenerative arthritis has been denied.,The effective date for service connection for the Veteran's lumbosacral spine degenerative arthritis is set at October 22, 2008. The Veteran's appeal regarding this issue was remanded.

The Board has remanded the claims for service connection for depression and TDIU due to inadequate addendum opinions addressing whether the Veteran's depression is aggravated by his service-connected disabilities, including his right foot disability. The issues are being remanded again to obtain appropriate medical opinions.

The Board has remanded the Veteran's claims for a restoration of his lumbosacral strain rating and an increased rating for his service-connected lumbosacral strain disability, as well as the claim for TDIU due to inextricability.

Your claims for service connection and increased ratings have been remanded to the AOJ for further review of your medical records. You will be notified if any changes are made to your benefits.

The Veteran's lumbar spine degenerative arthritis and IVDS are rated at 20 percent, effective September 1, 2009. The radiculopathy of the right lower extremity is also rated at 20 percent.

The Veteran's appeals for increased ratings and service connection have been dismissed due to withdrawal of claims. The Board has found the need for remand on several issues including bilateral hearing loss, lumbar spine disorder, left wrist disorder, right foot disorder, left foot disorder, and right hand disorder.

The Board has decided that the appellant is not eligible for direct payment of agent fees based on past-due benefits awarded in a June 2018 rating decision, which granted service connection for degenerative disc disease and degenerative joint disease of the lumbar spine with spondylolisthesis and for right and left lower extremity radiculopathy. The case is being remanded to ensure full compliance with contested claims procedures.

The Veteran's cervical degenerative arthritis and status post cervical fusion with cervical radiculopathy of the bilateral upper extremities are related to his active service. The Board has granted service connection for these conditions.

The Veteran's disability rating for degenerative disc disease of the lumbar spine, status post laminectomy is granted at a 40 percent level since October 17, 2013.

The Board has determined that the reduction in disability rating from 40 percent to 10 percent for service-connected lumbar fusion and laminectomy of L4-L5 and L5-S1 with residual pain was improper, and the 40 percent rating is restored. The claims for increased ratings for left and right lower extremity radiculopathy are remanded due to additional evidence received since the May 2020 Supplemental Statement of the Case.

The Board has decided to remand the Veteran's claims for service connection and rating increases for various conditions, including sleep apnea, bilateral plantar fascitis, TMJ, degenerative arthritis of the lumbar spine, and cluster headaches. The decision is based on the need for additional development, specifically obtaining VA treatment records.

The Board has determined that additional evidence needs to be reviewed by the RO, and the claims for service connection are being remanded. The Veteran's appeals include issues related to lower back disability, left hip disability, headaches (including migraines), right knee disability, and cervical spine disability.

The Board has determined that there are outstanding records related to the Veteran's lower back, deviated septum and respiratory disorder claims. The case is remanded for further development including obtaining relevant medical records and scheduling VA examinations.

The Veteran's claim for service connection for sleep apnea has been reopened and granted. The issue of service connection for a low back disability is remanded.

The Board has reopened the Veteran's claim for service connection of a low back condition due to new and material evidence. The case is remanded for further development, including obtaining medical opinions.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the etiology of his claimed disabilities, including bilateral flat feet, low back and neck conditions, narcolepsy, psychiatric disorders, and respiratory disabilities. The Veteran will be afforded VA examinations to determine the nature and etiology of these conditions.

The Board dismissed the Veteran's appeal for service connection of sleep apnea. The TDIU claim was granted, and a remand was ordered for a new VA examination regarding bilateral hearing loss.

The Veteran's claims for service connection have been remanded due to insufficient evidence. The Board will need to provide the Veteran with examinations and consider additional medical opinions regarding his claimed conditions.

The Board has remanded the claims for additional development due to deficiencies in prior remand directives and unsecured records. The Veteran's service treatment records, private treatment records, and active duty treatment records are needed.

The Veteran's appeal regarding his right thigh condition and scar of the right thigh has been withdrawn.,The Veteran's appeal for service connection for a right thigh disability has been withdrawn.,Service connection for a left eye disability is denied as there is no current diagnosis.,Service connection for a right shoulder disability is denied due to lack of causal relationship with in-service events or injuries.,Service connection for a back disability is remanded as the VA examiner's opinion was based on inaccurate facts.,Service connection for a right hip disability is remanded as there is no current diagnosis and the VA examiner did not diagnose the condition.,Service connection for a jaw disability (secondary to PTSD) is remanded due to lack of causal relationship with in-service events or injuries.,Service connection for headaches (secondary to PTSD) is remanded due to lack of causal relationship with in-service events or injuries.