Back / lumbar spine decisions — 2024

The Board has remanded the claims for a lower back disability, chronic fatigue syndrome (CFS), right knee disability, respiratory disease including tonsillitis, bronchitis and sleep apnea, ulcer condition, migraine headaches, skin disability, tuberculosis, and insomnia due to unclear evidence of service connection.,Service connection cannot be established as there is no current diagnosis for the claimed conditions.

The Veteran's sleep apnea is granted as secondary to service-connected disabilities, specifically his cervical spine degenerative disc disease and obesity. The initial ratings for the neck condition, bilateral upper extremity radiculopathy, and back condition are remanded.

The Board remands the issue of entitlement to service connection for a low back disability, to include as secondary to service-connected disabilities, due to an inadequate opinion addressing secondary service connection.

The Veteran's claims for increased disability ratings for left knee and lumbosacral spine disabilities are being remanded due to the need for additional development, including obtaining medical records and providing new opinions regarding flare-ups and their impact on range of motion.

The Board has granted service connection for the Veteran's low back disability, finding that his current diagnoses of lumbar strain, lumbar spondylosis, and degenerative disc disease are related to his active duty and National Guard service.

The Board granted service connection for back, right knee, left knee, and right hip disorders, but denied service connection for a cervical spine disorder, hypertension, coccyx disorder, and hearing loss in both ears. The appeal was also remanded for further action on several other issues.

The Board has remanded the claims of service connection for a back disability and for TDIU due to the need for additional medical opinions addressing the relationship between the Veteran's service-connected fractures of the right tibia and fibula with shortening of the right leg and his diagnosed back disability, as well as whether these fractures aggravated any diagnosed back disability. The new standard from the Federal Circuit in Spicer v. McDonough (2023) applies to secondary service connection claims, and the Ward v. Wilkie (2019) definition is applied for aggravation.

The Board denied service connection for degenerative disc disease and carpal tunnel syndrome, finding that the current diagnoses are not related to in-service events or conditions.,Service connection was also denied for these conditions due to a lack of evidence showing their onset during active duty.

The Board has remanded the Veteran's claims for service connection and rating determinations due to incomplete development, including a missing medical report and an addendum opinion on the nature and etiology of his TBI. The AOJ is instructed to obtain the missing report and provide an addendum opinion addressing whether the Veteran has a current disability related to a TBI and if so, whether it is related to service.

The Veteran's service-connected bilateral knee disabilities are found to cause his current lumbar spine degenerative disc disease. His right knee DJD and subluxing patella, as well as left knee DJD with instability, are all granted increased ratings.

The Board remands the claims for service connection for hernia, low back, right knee, and right shoulder conditions due to ongoing noncompliance with previous remand instructions.

The Board remands the issues related to the rating for degenerative disc disease due to a lack of proper duty to assist.

The Board has remanded the Veteran's claims for service connection due to new evidence and a need for additional medical opinions.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to inadequate VA examinations, missing treatment records, and procedural errors. The claims will be returned to the RO for further development.

The Board has remanded the Veteran's claims for service connection due to procedural errors and inadequate development of his exposure to herbicide agents.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to October 25, 2023. The Board denied the claim for TDIU as there was insufficient evidence to substantiate his unemployability by reason of service-connected disabilities.

The Board has determined that there were duty to assist errors in the development of the Veteran's claims prior to the October 2022 rating decision on appeal. The AOJ obtained VA medical opinions addressing the etiology of the Veteran's claimed disabilities, but these opinions are deemed inadequate as they did not consider the competent and credible lay evidence provided by the Veteran.

The Veteran's claims for earlier effective dates for increased ratings of his service-connected sleep apnea disorder, lumbar spine disability, and PTSD have been denied as there was no increase in severity prior to July 7, 2020.

The Veteran's service-connected residuals of right foot fracture, 3rd metatarsal, mid-shaft are granted with a 20% rating effective December 17, 2015. Service connection is also granted for lumbar disc herniation and PTSD.

The Board has remanded the Veteran's claims for service connection due to a failure of VA to account for the Veteran's potential active duty service time, specifically from April 2009 to March 2010.