Back / lumbar spine decisions — 2025

The Board denied a rating higher than 20 percent for the Veteran's lumbar spine disability but granted separate compensable ratings for right and left lumbar radiculopathy.

The Veteran's service connection for an acquired psychiatric disorder was granted, while the claims for TBI, bilateral hearing loss, and other spine and extremity disabilities were denied or remanded.

The claims for service connection for cervical and lumbosacral strains were reopened based on new and relevant evidence, but are being remanded for further consideration by the AOJ.

The Board remands the claims for service connection for a lower back disability and right hip condition, diagnosed as tendinosis, due to pre-decisional duty to assist errors.

The Board granted a 50 percent disability rating for the Veteran's service-connected degenerative arthritis of the thoracolumbar spine, finding that the evidence demonstrated functional ankylosis of the entire thoracolumbar spine. The issues related to additional service connection were remanded.

The veteran withdrew her appeals for service connection for a back disability and increased rating for headaches, so the Board dismissed these claims.

The Board denied the veteran's claims for increased ratings and service connection, as well as remanded several other issues.

The Board remands the issues of entitlement to increased ratings for lumbosacral strain, obstructive sleep apnea, and cervical strain due to a failure by the AOJ to provide notice of the Veteran's right to a pre-decisional hearing.

The Board denied the veteran's claims for service connection for allergic rhinitis and lumbar dextroscoliosis, finding no evidence of an in-service injury or event that led to these conditions.

The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected disabilities, and granted increased ratings of 60 percent for intervertebral disc syndrome (IVDS) of lumbar spine, 20 percent for right femoral nerve radiculopathy, and 20 percent for left femoral nerve radiculopathy. The Board also granted a total disability rating based on individual unemployability.

The Board remands the claim for service connection for a back condition to address the combat presumption and provide an adequate medical nexus opinion.

The Veteran's April 13, 2011, sinus claim reasonably encompassed a claim for rhinitis; the claim for a higher initial rating for service connected sinusitis was continuously prosecuted since April 13, 2011; and an October 2021 VA-obtained Sinus/Rhinitis Disability Benefits Questionnaire reflects onset of allergic rhinitis in 2006 that is secondary to service connected sinusitis.

The Board remands the claims for further development, including obtaining a complete medical history and an adequate examination to determine the nature and etiology of the Veteran's conditions.

The Board granted a 20 percent rating for the Veteran's low back disability, effective from August 17, 2024, and denied ratings in excess of 10 percent for right knee limitation of flexion and extension.

The Board remands the claim for a new examination to address concerns regarding the qualifications of the examiners who performed the October 2024 VA examination.

The Board granted a 40 percent rating for the thoracolumbar spine disability from July 9, 2015 to April 30, 2019 and a 40 percent rating for right and left sciatic radiculopathy from January 31, 2024 onwards. The Board also granted a 30 percent rating for right and left femoral radiculopathy from January 31, 2024 onwards.

The Board remands the claims for service connection for various disabilities, including a left shoulder disability, right little finger disability, low back disability, left hip disability, foot disability, cold injury residuals to ears, nose, face, and hands, and acid reflux, due to inadequate medical opinions.

The Board remands the issues of service connection for multiple disabilities, including knee and back conditions, to obtain additional evidence.

The Board remands the issues of entitlement to a disability rating in excess of 20 percent for lumbosacral strain with DDD and entitlement to SMC based on the need for regular aid and attendance for further development.

The Board remands the claims for a rating in excess of 20 percent for low back strain with spondylosis, a separate rating for sciatic nerve radiculopathy, and entitlement to TDIU due to duty-to-assist errors.