Back / lumbar spine decisions — 2024

The Board denied the Veteran's claims of service connection for major depressive disorder and back condition, finding that there was no evidence linking these conditions to his military service.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's left ankle, left knee, right hip, lumbar spine, and cervical spine disabilities are related to his service-connected motor vehicle accident. As such, service connection for these conditions is granted.

The Veteran's acquired psychiatric disability is granted a higher rating of 50 percent prior to October 15, 2021. The back and bilateral foot disabilities are denied service connection.

Service connection is granted for hemorrhoids, lumbar spine intervertebral disc syndrome with degenerative arthritis, left lower extremity radiculopathy, right lower extremity radiculopathy, and painful abrasion, blister of the left great toe.,The Veteran's service records show in-service treatment for various conditions including back pain, which is now diagnosed as lumbar spine intervertebral disc syndrome with degenerative arthritis. The VA examiner opined that his current condition is most likely caused by physical activity during service.

The Veteran's service-connected PTSD alone meets the criteria for a single disability rated at 100 percent, and his other disabilities combine to meet or exceed a 60 percent rating. Therefore, SMC at the housebound rate is granted from December 2, 2019, to May 23, 2021.

The Veteran's PTSD symptoms have more closely approximated the criteria for a 100 percent evaluation.,Service connection is granted for headaches as secondary to service-connected PTSD, and obesity caused by PTSD has been identified as an intermediate step in establishing service connection for the low back disorder.

The Board has determined that the VA examinations for lumbosacral strain, cervical strain, and obstructive sleep apnea are inadequate due to a lack of information regarding baseline levels of severity and opinions on aggravation. The Veteran's service connection claims for these conditions are being remanded for further development.

The Veteran's claims of increased ratings for lumbar spine and bilateral radiculopathy disabilities are remanded due to a duty to assist error where the VA failed to obtain his VAMC treatment records from July 2016, forward.

The Veteran's left knee patellofemoral syndrome and lumbar muscle strain are granted service connection as they are related to his military service.

The Veteran's claim for service connection for spasmodic torticollis was denied as there is no evidence of a current diagnosis.,Tinnitus, right shoulder disability, and low back disability have all reached their maximum schedular ratings.

The Board has remanded the claims for service connection due to errors in duty to assist and inadequate opinions. The Veteran's disabilities are related to his military duties, but there is conflicting evidence regarding their onset.

The Veteran's low back disorder, PDD, bilateral hip and knee disorders are all granted. The Veteran is also granted a TDIU based on his service-connected disabilities.

The Board has decided to remand the case due to a failure to consider the Veteran's service-connected disabilities and obtain necessary medical records. The claim will be reconsidered under the provisions of 38 U.S.C. § 1728.

The Board has decided to remand the case due to a failure to consider the Veteran's service-connected disabilities and obtain necessary medical records. The claim will be reconsidered under the provisions of 38 U.S.C. § 1728.

The Board has granted service connection for the Veteran's back and neck disorders, finding that it is at least as likely as not that these conditions are related to his military service.

The Veteran's appeal for service connection on six separate conditions has been dismissed due to the withdrawal of the appeal by his authorized representative.

The Board has remanded the claims for specially adapted housing and special home adaptation benefits due to changes in the Veteran's service connection claims, which were previously remanded. The AOJ will readjudicate these issues after additional development.

The Veteran's appeal of the proposed reduction in his right lower extremity radiculopathy rating from 20% to 0% is dismissed.,His increased ratings for herniated nucleus pulposus, L5-S1, status-post operative with degenerative disc disease and left lower extremity radiculopathy are remanded.

The Veteran's claim for a 70 percent rating for PTSD and MDD was granted. The appeal of the cervical strain issue is dismissed due to procedural defects, and the thoracolumbar strain with IVDS issue is also dismissed as it was not properly appealed.

The Veteran's appeal has been dismissed as the appellant withdrew their appeal in October 2024.