Back / lumbar spine decisions — 2024

The Board has decided to remand the case due to insufficient evidence regarding periods of active duty and reserve service, as well as the nature and etiology of the Veteran's current mid/low back disability. The AOJ is instructed to obtain necessary medical records and verify all relevant periods of service.

The Board has granted an effective date of October 10, 2013 for the addition of the Veteran's spouse as his dependent to his award of VA disability compensation. The issue of whether the debt in the amount of $19,696.58 was properly created and is valid remains pending and will be remanded.

The Board has granted service connection for a right ankle sprain, but the claims for acquired psychiatric disorder (to include PTSD), back disorder, and sleep apnea are remanded due to insufficient evidence.

The Veteran's disability rating for chronic lumbar strain with degenerative disc disease (DDD) other than intervertebral disc syndrome (IVDS), lumbar bulging disc, and degenerative arthritis (lumbar spine disability) was reduced from 20 percent to 10 percent effective July 1, 2022. The reduction was improper as the provisions of 38 C.F.R. were not considered. As a result, the Veteran's rating is restored to 20 percent effective July 1, 2022. The claim for an increased rating for service-connected tinnitus remains denied.

The Board has decided to remand the Veteran's claims for cervical and thoracolumbar spine conditions due to insufficient evidence regarding the nexus between service and these conditions. The VA examinations provided were inadequate, and additional records are needed.

The Veteran's lumbosacral strain claim is being remanded for a new examination to assess the current severity of his condition, as the previous VA examinations did not adequately consider his reported flare-ups.

The Board has granted service connection for cervical and lumbosacral strains, finding that the Veteran's current disabilities are related to injuries sustained during his military service.

The Veteran's back disability is rated at 20 percent, and his right lower extremity sciatic nerve radiculopathy from April 18, 2022, is rated at 20 percent. The remaining issues are remanded for further review.

The Veteran's claims for service connection on multiple conditions are being remanded due to a failure to obtain private medical records.

The Board has remanded the Veteran's claims for service connection due to new and relevant evidence submitted, including testimony regarding an in-service injury. The claims are being remanded to obtain STRs and a VA examination to address the nature and etiology of his obstructive sleep apnea.

The Veteran's service connection claims for lumbar disc disease with bulging of intervertebral discs and right knee chondromalacia patellae, osteoarthritis, and tendonitis/tendinosis have been granted. The Board found new and relevant evidence since the final denial supporting these claims.

The Veteran's tinnitus and lumbosacral spine condition are granted service connection. The tinnitus is linked to military service, while the lumbosacral spine condition is secondary to his service-connected knee disability.

The Veteran's TDIU claim on an extraschedular basis for the period from March 23, 2009 to December 13, 2016 is granted as his service-connected disabilities have prevented him from securing or following a substantially gainful occupation.

The Veteran's claim for service connection for low back sprain is remanded due to the need to obtain VA treatment records from after her separation from service, which may be relevant to her current condition.

The Veteran's increased rating claim for bilateral L5 spondyloysis with mechanical low back pain is being remanded due to the inadequacy of a previous VA examination and the need for a new one.

The Board dismissed the Veteran's claims for service connection of a chronic headache disability, neck disability, and increased rating greater than 20 percent for back disability. The Veteran was granted an initial rating of 70 percent for PTSD with cannabis use disorder, effective April 14, 2015.

The appeal is being remanded due to the submission of additional evidence. The Veteran's claims for higher evaluations for PTSD, low back strain, and left lower extremity radiculopathy are also being remanded.

The Board has remanded the Veteran's claims for increased disability evaluations for lumbosacral strain with degenerative disc disease and arthritis, as well as left eye atrophy with visual field loss. The AOJ is instructed to obtain additional evidence including a retrospective medical opinion regarding the severity of her service-connected lumbar spine disability in light of Correia v. McDonald (2016), and another VA back examination report.

The Board has remanded the cases for additional development due to insufficient opinions in previous VA examinations.

The Veteran's lumbar spine disability and bilateral lower extremity radiculopathy are rated at a 40 percent since June 26, 2013. A TDIU is granted from May 3, 2019 to the present.