Back / lumbar spine decisions — 2024

The Board has reopened the Veteran's claims for chronic headaches, UTIs, left knee arthritis, tinnitus, bilateral plantar fasciitis, and a low back condition due to new and material evidence. These issues are being remanded for further development.

The Board has remanded the service connection claims for low back condition, right knee condition, left knee condition, right ankle condition, left ankle condition, and lower extremity radiculopathy due to lack of authorization from the Veteran's private treatment provider.

The Board has remanded the claims for service connection due to the Veteran's request for VA examiners' curriculum vitae and the need for new VA examinations.

The Veteran's service-connected back condition has been rated at 40 percent since May 6, 2014. The Board finds that the evidence does not support a higher rating for any period during this time frame.

The Veteran's claim of service connection for a back disability is reopened and the appeal is granted. The case is remanded for further development to determine if there was pre-existing chronic back disability, whether it was aggravated by service, and if a current back disability had its onset in or is otherwise due to active service.

The Board has found that there was not substantial compliance with its prior remand directives and has ordered further development to ensure a complete record upon which to decide the Veteran's claims for service connection of lumbar spine, cervical spine, and scalp scar disabilities.

The Court vacated the Board's decision denying service connection for a thoracolumbar spine disability, including as due to a service-connected disability. The case is dismissed because there is no remaining final Board decision with which to request revision.

The Veteran's initial 20 percent rating for left shoulder rotator cuff tendinopathy and lumbar spine herniated nuclear pulposus with degenerative disc disease and degenerative changes is granted, effective from April 5, 2011 to September 14, 2012. A higher rating is denied.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to lack of compliance with examination requirements, need for new evidence, and need for further medical opinions.

The Board has decided to remand the case due to inadequate VA examinations and requests for additional evidence. The Veteran's low back disability is being reviewed again.

The Veteran's initial claim for a higher rating for his tension headaches was granted, with a 30 percent rating effective October 1, 2014. The Veteran's claims for increased ratings were denied.

The Veteran's lumbosacral intervertebral disc displacement is rated at 10 percent prior to May 5, 2018, and at 40 percent thereafter. The claim for higher ratings is denied as the evidence does not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board has granted service connection for the Veteran's lumbar spine degenerative disc disease, finding that his symptoms have been consistent since his 2007 deployment and supported by medical evidence.

The Board has determined that the Veteran's back disability, bilateral CTS, and tinnitus are service-connected. However, due to uncertainty regarding whether the Veteran currently has sciatica, a remand is necessary for further examination and opinion.

The Board has determined that the Veteran's claims for service connection for left knee, bilateral ankles, and lower back conditions are remanded due to insufficient opinion regarding secondary service connection. The claims will be returned to the RO for further action.

The Veteran's lumbar spine disability and associated radiculopathy of the left lower extremity have been granted a 40 percent disability rating for the entirety of the appeal period.

The Veteran's claim for a rating in excess of 40 percent for his service-connected low back disability is denied. The reduction from 40 to 20 percent assigned for the post-operative residuals of compression fracture of the lumbar spine with limitation of motion and degenerative disc disease was not proper.

The Board has granted an initial disability rating of 20 percent for the appellant's lumbar spine disability, effective May 10, 2018. The right shoulder scars are rated at 10 percent since March 24, 2018.

The Veteran's service-connected lumbar spine disability is rated at 20 percent effective November 18, 2017. The rating reflects the Veteran's limited range of motion and pain without ankylosis or other severe functional impairment.

The Board has remanded several issues related to effective dates and initial disability ratings for various disabilities, including lumbar spine degenerative disc disease, right lower extremity radiculopathy, left lower extremity radiculopathy, right knee derangement, surgical scar from right nephrectomy, and TDIU. The AOJ is instructed to readjudicate these issues with consideration of all evidence added since the April 2020 statement of the case.