Back / lumbar spine decisions — 2024

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further development, including verification of combat status and a VA examination.

The Board has granted service connection for a lumbar spine disability as secondary to the Veteran's service-connected left knee disability.

The Veteran's service-connected lumbosacral strain and bilateral lower extremities radiculopathy have rendered him in need of regular aid and attendance, which is required for SMC at the (l) rate.

The Veteran withdrew his appeal regarding service connection for lumbosacral strain, right shoulder disorder, and right wrist disorder before the Board could make a decision.

The Veteran's TDIU is granted due to his service-connected right lower extremity radiculopathy, and he also qualifies for SMC based on the combined rating of his service-connected disabilities. The effective date will be determined by the agency of original jurisdiction.

The appellant withdrew his appeal, and the Board dismissed it.

The appeal to reduce the rating for thoracolumbar spine strain from 40 percent to 20 percent is dismissed as premature because no reduction had occurred at the time of the appeal.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of a continuity of symptoms from service and concluding that the current diagnosis is not related to service.

The Veteran's claim for a disability rating in excess of 20 percent for his service-connected degenerative disc disease with lower back injury and dextroscoliosis is being remanded due to the need for additional examination.

The Board denied the Veteran's claim for service connection of a back disability, finding that there is not an approximate balance of positive and negative evidence to support the claim.

The Board has remanded the claims for service connection due to pre-decisional duty-to-assist errors, including failure to consider relevant medical evidence and VA examinations.

Service connection is granted for dizziness as secondary to service-connected tinnitus.,Service connection is denied for memory loss. The Veteran does not have a current diagnosis of memory loss or functional impairment from it.,Service connection is granted for nausea as secondary to service-connected headaches.,Service connection is denied for right ear hearing loss disability due to lack of evidence showing noise exposure in service.,Service connection is denied for broken nose. There is no evidence of a current injury or functional impairment related to the claimed event.,Service connection is granted for fatigue as secondary to service-connected tinnitus.,Service connection is denied for irritable bowel syndrome. The Veteran does not have a current diagnosis and there is no evidence of symptoms from it.,Service connection is denied for low back disability. There is no evidence of a current injury or functional impairment related to the claimed event.,Service connection is denied for right flat foot. There is no evidence of a current injury or functional impairment related to the claimed event.,Service connection is denied for skin disability (claimed as skin rash, dermatitis and hives). The Veteran does not have a current diagnosis and there is no evidence of symptoms from it.,Service connection is denied for sleep apnea. There is no evidence of a current injury or functional impairment related to the claimed event.

The Board has remanded the claim for service connection for lumbosacral strain due to a duty to assist error and the need for additional medical opinions regarding causation and aggravation.

The Veteran's claims for increased ratings and service connection are being remanded due to procedural errors in the VA decision-making process.

The Veteran's right knee condition is granted as secondary to her service-connected right ankle condition. The Board also remanded the cases for further examination and evaluation.

The Veteran has withdrawn his appeals regarding the increased ratings for tension headaches, degenerative arthritis of the lumbar spine, DDD of the cervical spine, and voiding dysfunction.

The Veteran's appeal for a disability rating in excess of 40 percent for lumbosacral strain, status post hemi-laminectomy, is dismissed as the claim remains within the legacy system and was not an initial decision under the AMA.

The Veteran's claims for higher ratings for lumbosacral strain with IVDS, left lower extremity sciatic radiculopathy, and unspecified depressive disorder with anxious distress were denied. The Board found that the evidence did not support a rating in excess of the current 20 percent for lumbosacral strain with IVDS or the current 10 percent for left lower extremity sciatic radiculopathy.

The Veteran's intervertebral disc syndrome and right ankle disability are not rated higher than the current levels due to lack of evidence supporting more severe functional impairment.

The Board has found that the Veteran's low back disorder had its onset during service and is related to his military service. The right hip disorder claim is remanded due to a duty-to-assist error in obtaining private medical records.