Back / lumbar spine decisions — 2024

The Board has denied the Veteran's claims for service connection for lumbar strain and degenerative disc disease, finding that there is no evidence of a current disability or in-service injury related to these conditions.

The Board has remanded the Veteran's claims for service connection for cervical strain and lumbosacral strain due to a pre-decisional duty to assist error. The VA examiner's opinions are inadequate, and an addendum medical opinion is needed.

The Board has denied the appellant's claims for service connection for tinnitus and a back disability, finding no current disabilities or evidence of in-service incurrence or aggravation.

The Veteran's lumbosacral strain with degenerative arthritis and intervertebral disc syndrome is related to active duty service.,The evidence of record persuasively demonstrates that the Veteran's right lower extremity radiculopathy is caused and/or aggravated by his service-connected lumbosacral strain.

The Veteran's left hip condition is currently rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's right wrist condition is currently rated at 10 percent, and the claim for a higher rating remains denied. The Veteran also seeks service connection for left knee pain secondary to his left hip condition.

The Board has remanded the Veteran's claims of service connection for left ankle, right knee, left knee, left shoulder, low back, and upper back conditions due to insufficient evidence on record.

The Board has granted service connection for a low back condition on a direct basis, resolving all doubts in favor of the Veteran.

The Veteran's PTSD is rated at 70 percent, and the appeal for a higher rating has been denied.,The Veteran's herniated disc of the lumbar spine (L4-L5) is currently rated at 20 percent. The appeal for an increased rating has also been denied.

The Board has determined that the Veteran's claims for service connection are remanded due to duty-to-assist errors. The left hip and low back disorders need further examination, while the LLE nerve condition is inextricably intertwined with the other issues.

The Veteran's service-connected PTSD with depressive disorder does not meet the criteria for SMC based on aid and attendance due to his ability to dress, feed himself, and perform daily activities. He is also not considered housebound due to his service-connected disabilities.

The Board has determined that new and relevant evidence has been submitted to reconsider the claim for service connection for a lumbar spine disability. The Veteran's lay statements indicate he experienced lower back pain during service, which may be related to his current condition. However, further medical examination is needed to determine if these symptoms are linked to his military service.

The Board has determined that the June 2015 rating decision did not become final due to new and material evidence being submitted within one year of the decision. As a result, the September 2016 notice of disagreement was timely filed.

The Board has decided to remand the Veteran's claims for low back injury, scoliosis, hearing loss, and tinnitus due to new evidence received after the February 2022 rating decision. The VA examiner is requested to provide a supplemental opinion considering the Veteran's lay statements regarding his in-service injuries.

The Board has denied the claim of service connection for a low back disorder as there is no evidence showing an in-service injury or disease, and the current condition is not related to service.

The Board has remanded the claims for lumbar spine disability, left knee disability, and bilateral shoulder disabilities due to duty-to-assist errors in obtaining medical opinions prior to the August 2020 rating decision. The VA is required to obtain new examinations or opinions addressing the Veteran's lay statements regarding his symptoms during service.

The Board has remanded the claims for service connection due to incomplete pre-decisional duty-to-assist errors, including obtaining STRs and seeking a medical opinion.

The Veteran's claim for an earlier effective date of May 4, 2021 for service connection of IBS is granted. The Veteran's PTSD disability was granted a higher rating in November 2020 and the claim for an evaluation in excess of 70 percent for PTSD is denied. The Veteran's thoracolumbar spine degenerative arthritis with strain received an earlier effective date of November 9, 2020.

The Board has granted service connection for right knee strain, left knee strain, low back disability, neck disability, left elbow disability manifesting as pain and numbness, and right elbow disability manifesting as pain and numbness. The claims are based on the Veteran's reported symptoms in service and their persistence since separation.

The Veteran's lumbosacral strain was rated at 40 percent, effective September 27, 2021.,Right femoral and sciatic nerve radiculopathies were each rated at 20 percent, also effective September 27, 2021.,Sinusitis was rated at 30 percent, effective September 27, 2021. Rhinitis remained rated at 10 percent.

The Board has determined that there was a pre-decisional duty to assist error and the claim for service connection for low back disability must be remanded for further action.