Back / lumbar spine decisions — 2024

The Board has decided that the Veteran's claim for service connection for a back condition should be remanded due to inadequate VA examinations and failure to consider the Veteran's lay statements regarding symptom onset.

The Veteran's claims for various conditions, including major depressive disorder with anxious distress and mild neurocognitive disorder, migraines, bilateral hearing loss, degenerative arthritis and lumbosacral strain (sciatica), right knee degenerative arthritis, left knee degenerative arthritis, right hip degenerative arthritis, and left hip degenerative arthritis have been denied. The decision does not address service connection for specific conditions like obstructive sleep apnea, gout, or diabetes mellitus.

The Board has determined that the claims for service connection for low back pain and a low back disorder, as well as for a cervical spine non-acute fracture of right posterior lamina with pain, need to be remanded due to insufficient medical opinions regarding the etiology of these conditions.

The Veteran's appeal is granted for a 20 percent rating for right and left lower extremity radiculopathy from September 25, 2015, through April 10, 2019. The issues of service connection for tardive dyskinesia, an increased rating for lumbar strain, and TDIU are remanded.

The Board has remanded the cases due to incomplete records regarding the Veteran's service dates and type of service, specifically from his Air Force Reserves and Army National Guard.

The Board remands the claim for a back condition to ensure compliance with a Joint Motion for Partial Remand, requiring an adequate medical opinion addressing the Veteran's lay statements and service duties.

The Board granted an initial rating of 40 percent for lumbar spondylosis with multilevel disc bulge, degenerative arthritis, intervertebral disc syndrome, and stenosis, status post-dislocation of the coccyx (back disability), and a 10 percent rating for sciatic radiculopathy of the left lower extremity effective April 12, 2016.

The Board remands the issues of entitlement to an initial evaluation in excess of 10 percent prior to December 26, 2007, and in excess of 20 percent thereafter for degenerative disc disease (DDD) of the cervical spine due to inadequate explanation of denial of higher evaluations.

The Veteran's erectile dysfunction is granted a 20 percent rating since April 10, 2013. The issues of increased ratings for spondylolysis, spondylolisthesis, and lumbar spondylosis with myelopathy, right lower extremity radiculopathy, and left lower extremity radiculopathy are remanded.

The Board has remanded the claims for service connection for muscle fatigue with low back pain and obstructive sleep apnea, as well as the TDIU claim. The Veteran's spine disability is being examined to determine if it is related to service, while his sleep apnea is being evaluated on its secondary basis to PTSD.

The Board denied the Veteran's claim for a total disability based upon individual unemployability (TDIU) prior to August 1, 2018 due to his service-connected low back, hearing loss, and tinnitus disabilities. The Board found that these conditions did not preclude him from securing and following substantially gainful employment.

The Board denied service connection for a low back disorder, finding that the Veteran's current condition is not related to his military service and was not continuous since service.

The Board has remanded the issues of a rating in excess of 10 percent prior to February 10, 2020, and in excess of 20 percent on and after February 10, 2020, for lumbar spine strain and a TDIU due to the need for additional development.

The Veteran's appeal is dismissed as he withdrew his claim for an effective date prior to March 20, 2008, for the grant of service connection for degenerative disc disease of the lumbar spine with osteoarthritis and right hemilaminectomy and discectomy. The Board granted increased ratings for the Veteran's low back disability and bilateral lower extremity radiculopathies.

The Veteran's death was not due to a service-connected disability that had been continuously rated totally disabling for at least ten years immediately preceding his death, or within five years of his discharge from active duty. Therefore, DIC benefits under 38 U.S.C. § 1318 are denied.

The Board found that the Veteran's remaining service-connected disabilities did not prevent him from securing or following a substantially gainful occupation, leading to the denial of his appeal for restoration of TDIU.

The Board dismissed the appeals for earlier effective dates for service connection of back disability, left and right lower extremity radiculopathy, and lumbar spine surgical scar as they were not final decisions.

The Veteran's disability compensation was not improperly recouped due to receipt of severance pay, as his separation from active duty occurred after January 28, 2008 and he received severance for disabilities incurred in the line of duty in a combat zone or during combat-related operations.

The Board has decided to remand the Veteran's claims for lumbar spine disability, right knee disability, left knee disability, and right ankle disability. The rating for hematuria remains unresolved.

The Board has remanded the claims of service connection for lower back disability, traumatic brain injury (TBI), and right shoulder disability due to insufficient medical opinions and potential failure to obtain all relevant records.