Back / lumbar spine decisions — 2024

The Veteran's sleep apnea is granted as service-connected. The claims for psychiatric disability, right shoulder, left wrist, and low back disabilities are remanded due to insufficient evidence.

The Veteran's increased ratings for lumbar and cervical spine disabilities are granted effective May 6, 2016.

The Veteran's claim for an increased rating of his thoracic and lumbar degenerative disc disease, spinal arthritis, and spinal stenosis was denied as the disability did not meet the criteria for a higher evaluation.

The Veteran's claims for increased ratings for lumbar spine degenerative arthritis with IVDS, spinal stenosis, and spondylolisthesis, left ankle sprain and closed fracture of lateral malleolus, and right ankle sprain were denied. The rating decision assigned a 40% evaluation for the lumbar spine condition.

The Board denied a higher disability rating for the Veteran's service-connected lumbar spine disability, finding that it did not meet the criteria for a rating more than 40 percent.

The Board has decided that the Veteran's claims of service connection for various conditions, including PTSD and tinnitus, need further development due to a lack of an informal DRO telephone conference. The Veteran is requested to schedule an informal DRO hearing.

The Veteran's low back disability was granted a 40% evaluation prior to August 10, 2020. The appeal for an increased rating beyond this point is denied.

The Veteran's respiratory disorder is not service-connected as it did not have its clinical onset in service and is not otherwise related to active duty.,There is no competent and credible evidence establishing that the Veteran currently suffers from a right leg impairment, other than radiculopathy, to include as secondary to a back disability.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to May 2, 2019 was denied as the evidence did not show that he could not secure or follow substantially gainful employment due to his service-connected conditions.

The Board has dismissed the appellant's appeals for service connection on all nine issues due to her AMA opt-in from the August 2024 SSOC.

The Veteran has withdrawn his appeals for increased ratings in excess of 40 percent for lumbar strain and bilateral lower extremity radiculopathy (sciatic and femoral).

The Veteran's major depressive disorder is granted as secondary to his service-connected bilateral knee disabilities. However, the back disability is denied as secondary to his service-connected bilateral knee disabilities.

The Board dismissed the appeals of entitlement to increased disability ratings, initial compensable ratings, and initial disability ratings for lumbosacral strain, chronic rhinitis, and headaches. The appeal of service connection for irritable bowel syndrome (IBS) and left thumb scar was also dismissed.

The Veteran's appeals for service connection of headaches, right hand disability, and back disability were dismissed due to the late filing of a VA Form 10182.

The Veteran's sleep apnea disability is at least as likely as not caused by his service connected psychiatric, back, and lower extremity disabilities. The Board granted the claim for service connection.

The Veteran's back disability, diagnosed as lumbosacral strain, is found to have begun during active service and has been recurrent since then. Service connection for this condition is granted.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine is related to his active-duty service and grants service connection for this condition.

The Veteran's claims for service connection for various conditions, including back pain, skin conditions, knee issues, and hypertension, were denied. The Board found that there was no evidence to support the Veteran's assertions of in-service injury or aggravation.,Specifically, the Board determined that the Veteran did not have a current diagnosis of dermatitis or eczema, and his claimed back condition, right knee conditions, left knee conditions, hypertension, lumbar radiculopathy of the left lower extremity, and lumbar radiculopathy of the right lower extremity were not caused by service.

The Veteran's ratings for cervical strain, left shoulder impingement syndrome, and lumbosacral strain were reduced from their previous levels due to improvement in the disability. The appeal is denied as these reductions are proper.

The Veteran's service connection claim for minimal lumbar spondylosis is granted. The issue of revising the July 2000 rating decision on the basis of CUE is dismissed.