Back / lumbar spine decisions — 2024

The Board has reopened the claims for service connection for right shoulder disability and left hip disability, including osteoarthritis. The lumbar spine and cervical spine disabilities have been granted.,The Veteran's right shoulder and left hip disabilities are being remanded for further evaluation.

The Board has denied service connection for degenerative arthritis of any joint other than the lumbar spine, finding no evidence of a current disability in that area. The issue of service connection for a lumbar spine disability is remanded due to inadequate medical opinion.

The Veteran's thoracolumbar spine disorder rating was restored from 40% to 20%, effective June 1, 2021.

The Board denied service connection for a chronic low back disorder, finding that the preexisting condition was not aggravated by service.

The Veteran's service-connected disabilities have prevented him from securing or following substantially gainful employment since May 11, 2012. The Board has also remanded several issues for further development due to inadequate examination reports and the need for new opinions regarding exposure to toxins.

The Board dismissed the appeal for an increased disability rating for lumbosacral strain as the appellant requested to withdraw the appeal.

The Board denied increased ratings for lumbosacral strain, chronic and recurrent prostatitis, varicose veins of the left lower extremity, and varicose veins of the right lower extremity as their disability picture did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has decided to remand the case due to a failure to obtain all VA treatment records from May 2022 onwards, which could potentially affect the rating assigned for low back disability.

The Board has remanded the case due to a failure to obtain a direct medical opinion and an adequate secondary service connection medical opinion, as well as issues related to obtaining the Veteran's separation medical examination.

The Veteran's claims for special monthly compensation (SMC) based on the need for aid and attendance and housebound status have been denied as there is no evidence of a single service-connected disability rated at 100% or substantial confinement to his dwelling.

The Veteran's claim for a compensable rating for bilateral hearing loss has been denied.,The Board has remanded the claims for service connection for equilibrium vertigo (to include dizziness, labyrinthitis, and hypotension) and degenerative disc disease with facet arthropathy due to outstanding VA and non-VA records.

The Board denied the Veteran's claim for service connection for a low back condition, including thoracolumbar strain, degenerative arthritis, and scoliosis, finding that his pre-existing condition was not aggravated by service.

The Board has remanded the claims for reopening of service connection for right shoulder, lumbar spine, and right knee disabilities due to procedural errors in categorizing issues on appeal.

The Veteran's claims for special monthly compensation based on need for aid and attendance and total disability rating based on individual unemployability are being remanded due to the failure of VA to obtain all available VA treatment records since November 2021.

The Board has granted service connection for right ankle lateral collateral ligament sprain and left ankle lateral collateral ligament sprain. The claim of service connection for back disability is remanded due to a duty to assist error.

The Board has remanded the issues of entitlement to service connection for left and right knee disabilities, an acquired psychiatric disability, a temporary total disability rating under 38 C.F.R. § 4.29 for an acquired psychiatric disability, and a TDIU due to unresolved development needs.

The Veteran's appeal for service connection for cervical spine disability was dismissed.,Service connection for degenerative arthritis of the lumbar spine is granted, with no specific rating assigned and no effective date provided.

The Board has decided to remand the Veteran's claims for service connection due to errors in the pre-decisional duty to assist. The AOJ will need to obtain additional evidence and provide a new or addendum medical opinion.

The Veteran's appeals for service connection and increased ratings were dismissed due to an impermissible concurrent election. The appeal of lumbosacral strain was remanded.

The Veteran's lumbar spine disability is rated at 20 percent, and his right ankle disability is also rated at 10 percent. The Board found that the Veteran's lumbar spine disability does not warrant a higher rating based on functional loss due to pain or other factors.