Back / lumbar spine decisions — 2024

The Board has remanded the Veteran's claims for service connection for a lower back disability and left and right lower extremity radiculopathy due to pre-decisional duty to assist errors. A VA examination is needed to determine the nature, onset, and etiology of these conditions.

The Board has determined that the Veteran's current neck injury and related conditions are service-connected, as they were incurred during his active military service.

The Veteran's service-connected disabilities, including PTSD, back disorder, multiple radiculopathy, tinnitus, and left shoulder disability, render him in need of regular aid and attendance due to his mental and physical incapacity. The Board granted special monthly compensation (SMC) based on the need for aid and attendance.

The Veteran's claims for higher ratings and effective dates were denied. The right ankle, lumbar spine, and left sciatic nerve impairment cases all had their effective dates fixed at the January 7, 2021 rating decision.

The Veteran's claims for heart palpitations, hypertension, left ankle condition, right ankle condition, left shoulder condition, back condition, and neck condition have been denied as there is no current disability found by the VA examinations.,No service connection will be granted for these conditions due to a lack of evidence of a present disability.

The Veteran's service connection claims for various conditions, including headaches, ankle, foot, hip, back, knee, shin, and neurological issues are being remanded due to the need for additional medical examinations and opinions.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected major depressive disorder and lumbar spine degenerative changes, including obesity as an intermediate step.

The Veteran's rating for degenerative arthritis of the lumbar spine with intervertebral disc syndrome was reduced from 20 percent to 10 percent, effective March 1, 2023. The Board found this reduction improper and restored the original 20 percent rating.

The Board has determined that the claim must be remanded to correct a duty to assist error and obtain verification of the Veteran's periods of ACDUTRA and INACDUTRA in the Army NG and/or Reserves. The VA examiner will then determine if the low back disorder is related to service, including his periods of ACDUTRA or INACDUTRA.

The Board has remanded the case due to insufficient medical records and opinions. The Veteran's low back condition is being reviewed for service connection, with a focus on determining if his current conditions are related to incidents of service.

The Veteran's degenerative disc disease with spinal stenosis and spondylolisthesis is currently rated at 20 percent, which is the maximum schedular rating available. The Board found that his symptoms did not warrant a higher rating as they did not meet the criteria for ankylosis or IVDS. For TDIU, the Veteran's combined disability rating was 70 percent due to OSA and other service-connected conditions, but he could still secure and follow substantially gainful employment given his education, work history, and current functional limitations.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in purchasing an automobile or adaptive equipment, as he does not have a loss of use of his feet, hands, vision impairment, burn injury, ALS, or ankylosis of knees or hips.

The Veteran's lumbosacral strain is granted as secondary to his service-connected patellofemoral syndrome, right knee with degenerative changes and bilateral plantar fasciitis. The Veteran's allergic rhinitis with chronic sinusitis is granted at a 30% evaluation effective February 5, 2020.

The Veteran's claim for a certificate of eligibility for assistance in acquiring specially adapted housing is remanded due to the need for new VA examinations and further development of medical opinion evidence.

The Board has granted service connection for the Veteran's low back disability, which includes diagnoses of degenerative arthritis, lumbosacral strain, and intervertebral disc syndrome. The opinion provided by a VA examiner indicates that these conditions are related to complaints during service.

The Veteran's claim for earlier effective dates and SMC based on need for aid and attendance is denied. The effective date for SMC based on loss of use of one foot is granted as of March 24, 2009.

The Board has restored a 40% rating for the Veteran's low back disability, effective November 1, 2022. The reduction from 40% to 20% was found improper due to insufficient evidence of actual improvement in the Veteran's ability to function under ordinary conditions.

The Board denied the Veteran's claim for service connection for back disability, finding that there was no evidence of a chronic condition in service or within the applicable presumptive period. The Board also found that the Veteran did not have continuity of symptomatology and that his current back disability is not otherwise etiologically related to an in-service injury or disease.

The Board has restored the Veteran's original 40 percent rating for his low back disability, finding that the reduction from 20 percent to 40 percent was improper and not in accordance with VA regulations.

The Veteran's appeal for service connection for lumbosacral or cervical strain (spina bifida, also claimed as chronic, mechanical low back pain) was dismissed because a supplemental claim regarding this issue was already pending before the AOJ.