Back / lumbar spine decisions — 2024

The Veteran's service connection claims for cervical strain, lumbosacral strain, and migraine headaches have been dismissed.,Service connection has been granted for adjustment disorder with mixed anxiety and depressed mood.

The Board has remanded the case due to duty-to-assist errors regarding the relationship between the Veteran's service-connected lumbar spine disability, tinnitus, and OSA. The Veteran contends that his current OSA was caused or aggravated by his service-connected lumbar spine disability and tinnitus.

The Board has determined that the Veteran's lumbosacral spine disability is related to his service, and thus grants service connection for this condition.

The Board has remanded the claims for service connection due to a duty to assist error, and will consider each issue individually.

The Veteran's service connection for sleep apnea as secondary to his service-connected PTSD is granted. The claims for hypertension and lumbar spine disability are remanded.

The Veteran's TDIU claim is pending for the entire period prior to April 16, 2021. The AOJ did not obtain SSA records relevant to his TDIU claim before adjudicating it, which constitutes a pre-decisional duty to assist error. The Board orders remand to consider these records.

The Veteran's DDD of the cervical spine and radiculopathy of both upper extremities are granted as service-connected. The Board found that these conditions were incurred or aggravated by in-service injuries.

The Board has remanded the claims for service connection due to inadequate VA examination and duty-to-assist errors. The Veteran's PTSD, cervical spine degenerative disc disease, lumbosacral strain, migraine headaches, and bilateral shin splints are all under review.

The Veteran's claim for SMC based on housebound status beyond September 1, 2019 was denied as she no longer met the criteria for this benefit after that date.

The Board has remanded the case due to an inadequate medical opinion regarding the etiology of the lumbar disorder. The Veteran's assertions and a private treatment record are considered in the new examination.

The Veteran's claims for service connection for hearing loss, sleep apnea, traumatic brain injury, vertigo, low back disability, left ankle and right ankle disabilities, left arm and right arm disabilities, left elbow and right elbow disabilities, left foot and right foot disabilities, left hand little finger, right hand little finger, left hand index finger, right hand index finger, left hand long finger, right hand long finger, left hand ring finger, right hand ring finger, left hand thumb, right hand thumb, left knee, right knee, left lower extremity neuropathy, and right lower extremity neuropathy have been remanded due to insufficient evidence.,The Veteran's claims for service connection for left upper extremity cold exposure, right upper extremity cold exposure, left wrist disability, and right wrist disability have also been remanded.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's back disability. The claim will be reconsidered with a new VA examination and medical opinion.

The Veteran's service-connected disabilities, including bilateral lower extremity radiculopathy and degenerative disc disease of the lumbar spine, rendered him unable to secure or maintain substantially gainful employment. The Board granted a total disability rating based on individual unemployability (TDIU).

The Veteran's claim for a higher rating for his back disability and RLE radiculopathy was denied. The Board found that the evidence did not support a higher rating based on incapacitating episodes or under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's tinnitus is granted as service connected.,His low back disability and acquired psychiatric disorder (including PTSD, depression, anxiety) are denied.

The Board has granted service connection for chronic diarrhea and acute gastroenteritis, as well as lumbosacral strain. The Veteran's symptoms have been present since his military service.

The Board dismissed the Veteran's appeals for earlier effective dates, increased ratings, and initial ratings for his psychiatric disability and lumbar disability. The claims were also dismissed due to concurrent review issues.

The Board has determined that the Veteran's claimed disabilities, including bilateral hearing loss, tinnitus, ankle and knee disabilities, low back disability, anxiety/depression, insomnia, sleep apnea, and headaches, did not begin during or are otherwise related to service. As such, these claims for service connection have been denied.

The Veteran's claim for service connection for degenerative arthritis of the thoracolumbar spine is dismissed as moot because it was previously adjudicated under the Legacy Appeals system and a full grant of benefits has been awarded.

The Veteran's right little finger limitation of motion and DIP joint ankylosis is currently rated as noncompensable.,The Veteran's lumbosacral strain is currently rated at 20 percent.