Back / lumbar spine decisions — 2024

The Veteran's claims for service connection for obstructive sleep apnea, obesity, hypertension, low back disorder, neck disorder, and left foot disorder have been dismissed without prejudice. The Veteran's claims for service connection for a low back disorder, neck disorder, and left foot disorder are granted. The Veteran's claim for service connection for hypertension is remanded.,The Veteran's obesity claim was denied as it is not a compensable disability. His claims for service connection for a low back disorder, neck disorder, and left foot disorder were granted based on his MOS duties and slip and fall injury during service. His hypertension claim is pending due to the need for further examination.

The Board has remanded the case for further development to address issues related to a rating in excess of 10 percent prior to December 21, 2022, and in excess of 40 percent thereafter, for residuals of a fracture of the L2 vertebra with chronic low back pain. The propriety of the separately assigned rating for RLE radiculopathy is also remanded.

The Veteran's claims for service connection of right and left hip disabilities, back disability, and PTSD have been denied. The VA has granted a separate 10% rating for the Veteran's right ankle disability and left ankle disability.

The Veteran's claims for an increased rating for invertebral disc syndrome and TDIU are remanded due to the need for a new VA examination and additional information regarding her employment status.

The Board granted a 20 percent rating for lumbar radiculopathy of the right sciatic nerve prior to October 5, 2020.

The Board has found that the Veteran's appeals for right and left hip conditions, lumbosacral strain, a right ankle scar, and hypertensive vascular disease were not valid under the Appeals Modernization Act (AMA) procedures. The issues are now being remanded to address these procedural deficiencies.

The Veteran's claims for increased ratings of his service-connected cervical and thoracolumbar spine disabilities, as well as his right foot Morton's neuroma and hallux rigidus, are being remanded due to the need for additional development including VA examinations.

The Board has remanded the cases for further development regarding service connection claims related to exposure to Agent Orange, including cardiac disability, diabetes mellitus, right leg amputation, bilateral neurological disabilities of the lower extremities, and back disability.

The Board has determined that the Veteran's claims for service connection are remanded due to incomplete records and need for additional examinations. The issues include psychiatric disorders, kidney conditions, headaches, dermatitis, musculoskeletal conditions of the left shoulder, lumbar spine, knees, and feet.

The Veteran's claim for increased ratings and TDIU was denied. He is currently receiving a combined rating of at least 80 percent due to his service-connected disabilities, meeting the schedular requirement for TDIU. However, he failed to complete VA Forms 21-8940 (Veterans Application for Increased Compensation Based on Unemployability), which prevented proper adjudication.

The Board has remanded the case due to inadequate notification of a VA examination and the need for updated treatment records. The Veteran's thoracolumbar spine disability is still under consideration.

The Board denied a higher rating for the Veteran's back disability, finding that the evidence does not support an increase to more than 40 percent.

The Veteran's service-connected disabilities, including left and right knee conditions, back issues, radiculopathy, cervical spine condition, upper extremity radiculopathy, hypothyroidism, and PSVT, are being remanded for further evaluation.

The Board has remanded the Veteran's claims for a low back condition and stomach condition with pain due to insufficient development in previous examinations.

The Board denied service connection for back, right knee, and left knee disorders due to lack of evidence showing a direct link between the conditions and military service.

The Board has remanded several issues related to the Veteran's claims, including service connection for a bilateral hearing loss disability, GERD, left leg shin splint, degenerative arthritis of the thoracolumbar spine, and respiratory condition. The Veteran is presumed to have toxic exposure in service due to his Persian Gulf War service.

The Board has remanded the Veteran's claims for increased ratings for his lumbosacral strain with degenerative arthritis and IVDS due to inadequate prior examinations.

The Veteran's appeal is being remanded due to the need for additional VA audiometric records. The issues of service connection for a skin condition, lower back condition, and an increased rating for bilateral hearing loss are all pending.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) on an extraschedular basis, finding that his service-connected disabilities alone did not render him unable to secure and follow substantially gainful employment.

The Veteran's claims for effective dates earlier than March 6, 2018, for the grants of service connection for left shoulder rotator cuff tendonitis (left shoulder disability), a lumbar strain, and PTSD have been denied.,The Veteran's claims for increased ratings for PTSD, left shoulder disabilities, and lumbar strain have been remanded due to inadequate VA examinations.