Back / lumbar spine decisions — 2024

The Veteran's claim for DIC benefits under 38 U.S.C. § 1318 was denied because he did not meet the statutory ten-year duration requirement for a 100% rating at the time of his death, nor was he in receipt of a total disability rating continuously since his discharge from active duty.

The Board has granted service connection for a lumbar spine disability and a cervical spine disability, finding that the Veteran's symptoms are related to his in-service duties.

The Veteran's appeal for service connection for neck and back disorders has been dismissed due to the Veteran withdrawing his request for appellate review.

The Board has remanded the Veteran's claims for additional medical opinions to determine if his bilateral knee disabilities, back disability, erectile dysfunction, and GERD are aggravated by his service-connected left foot disability.

The Board denied the Veteran's claim for service connection for degenerative arthritis of the lumbar spine, finding that there was no evidence to support a nexus between his current condition and active duty service.

The Board has granted service connection for a low back disorder as secondary to the Veteran's service-connected left fifth metatarsal residual fracture, resolving any doubt in favor of the Veteran.

The Board has granted service connection for a back condition and a neck injury, finding that the Veteran's conditions are related to in-service injuries. The decision also denied service connection for memory loss, residuals of concussion, TBI, and acquired psychiatric disorder.

The Veteran's tinnitus was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's acquired psychiatric disability is not etiologically related to active service.,The Board concludes that, while the Veteran may experience symptoms of anxiety or depression, the evidence of record persuasively weighs against finding that any acquired psychiatric disorder began during service or is otherwise related to an in-service injury, event, or disease. The claim for service connection for an acquired psychiatric disability is therefore denied.,The Board concludes that the claims must be remanded to correct pre-decisional duty to assist errors. Review of the claims file does not confirm that the Veteran was stationed in the Southwest Asia theater of operations during the Persian Gulf War. In this regard, the Board believes that additional efforts to determine whether the Veteran had active duty service in the Southwest Asia theater of operations during the Persian Gulf War are needed.,The Veteran seeks service connection for hypertension, CFS, fibromyalgia, and migraines, which he argues are due to toxic exposure risk activities (TERA). While the Veteran has consistently argued that he participated in TERA, this has not been verified by the RO. The Board finds it necessary to remand the Veteran's claims so that his potential TERA can be verified by the RO.,The Veteran seeks service connection for low back pain with intervertebral disc syndrome. He reports that he injured his back during a patrol in 2005 and contends that his current back disability is related to this injury. Remand is necessary to obtain the Veteran's complete military personnel records to ascertain whether his 2005 back injury happened during a period of ADT or IDT.,The Veteran seeks service connection for hypertension, CFS, fibromyalgia, and migraines. He contends that his disabilities are related to toxic exposures during service in Operation Enduring Freedom. The Veteran's October 2002 DD-214 confirms that the Veteran served in support of Operation Enduring Freedom.

The Veteran's claim for service connection for lumbar spine disability was granted, and the effective date is set at August 24, 2018.

The Veteran's adjustment disorder unspecified and degenerative disc disease of the thoracolumbar spine are granted service connection. The claims for residuals of a leg cut injury, hypertension, and bilateral hearing loss disability are remanded.

The Board has remanded five claims for increased ratings due to the need for a new VA examination to assess the severity of the Veteran's service-connected disabilities, including degenerative arthritis and knee conditions.

The Board dismissed the Veteran's claim for service connection for a low back disability due to a prohibited concurrent appeal.,The Veteran's claim for service connection for bilateral hearing loss was denied as there is no evidence of current bilateral hearing loss disability for VA purposes.

The Board has determined that a VA examination and medical opinion are needed to determine if the Veteran's low back disability is related to his service. The claim will be remanded for this purpose.

The Board has decided to remand the Veteran's claim of service connection for a back condition due to a pre-decisional duty to assist error. The case is being returned to obtain an adequate VA medical opinion addressing whether any currently diagnosed back conditions are at least as likely as not related to service.

The Board has remanded the claims for lumbar spine arthritis and disc disease, skin disease, migraine headaches, and fibromyalgia due to a pre-decisional duty to assist error. The Veteran's lay statements regarding service experiences will be considered in the medical opinions.

The Board has dismissed all service connection claims for the Veteran's hearing loss, tinnitus, low back condition, jaundice, left hip condition as secondary to a service-connected low back condition, and right hip condition as secondary to a service-connected low back condition.

The Veteran's appeal for increased ratings and TDIU was granted in July 2020, with the past-due benefits awarded as a result of these decisions. The appellant is eligible to attorney fees based on these past-due benefits.

The Board has granted the Veteran's claim for service connection for a low back disability, finding that his current condition is causally related to an in-service injury.

The Board has determined that the Veteran's back and right shoulder disabilities are related to service, but additional medical examinations are needed to provide a clear opinion on this matter.

The Board has determined that the Veteran's back disability did not begin during service and is not related to any in-service injury or event. The claim for service connection for a back disability is denied.