Back / lumbar spine decisions — 2026

The Veteran's lumbosacral spondylosis is currently rated at 10 percent and the Board has determined that a remand is necessary to correct any errors in the evaluation process.,The Veteran's migraine headaches are currently rated at 30 percent, but the Board finds that a higher rating of 50 percent is warranted based on the severity of his symptoms.

A disability rating greater than 10 percent for tinnitus is denied. An earlier effective date prior to April 5, 2023, for the grant of service connection for tinnitus is also denied.,Service connection for right ear hearing loss is granted. Service connection for left lower extremity nerve condition, lumbar spine disability, and obstructive sleep apnea are all denied.,The Veteran's right ear hearing loss is related to in-service acoustic trauma. The Board finds the evidence of record establishes that his right ear hearing loss is related to service.,There is no current diagnosis for a left lower extremity nerve condition, lumbar spine disability, or obstructive sleep apnea. Service connection cannot be granted as there are no diagnosed disabilities eligible for VA compensation.,The Veteran's right lower extremity nerve condition is remanded and requires an opinion regarding its relationship to service. Toxic exposures in-service may be a factor.,Service connection for obstructive sleep apnea is denied, but the Board notes that toxic exposures in-service may be relevant.

The Veteran's back condition and stroke were granted service connection, with the back condition receiving a 40% rating effective January 4, 2024. The Veteran's stroke received a 100% rating effective April 15, 2024, and a 10% rating effective November 1, 2024. Special monthly compensation at the housebound rate was also granted from April 15, 2024 to October 31, 2024.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for his lumbar spine disability prior to January 9, 2020 and from January 9, 2020 onwards due to insufficient discussion of the ameliorative effects of medications used by the Veteran.

The Board has determined that the Veteran's claimed conditions, including back surgery, COPD, hypertension, chronic kidney disease, and diabetes mellitus type II, are not related to service. The evidence does not support a finding of in-service injury or exposure.

The Board found that severance of service connection for a back disability in the April 1984 rating decision was not clear and unmistakable error, thus denying an effective date prior to March 19, 2014.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence of in-service chronicity or continuity of a low back injury and concluding that the current low back disability is not related to service.

The Veteran's appeals for service connection were denied due to the untimely filing of Board Appeal requests, and thus the appeals are dismissed.

The Veteran's low back disability is related to a fall during National Guard drill in April 2016, and the Board granted service connection for this condition.

The Veteran's service-connected disabilities have rendered him in need of aid and attendance, as he requires assistance with activities such as bathing, dressing, personal hygiene, medication management, and housekeeping/laundry due to his TBI, PTSD, OSA, headaches, lumbar spine disability, arthritis, and severe chronic back pain. The Board has granted special monthly compensation based on the need for aid and attendance.

The Board has remanded the cases for additional development due to duty-to-assist errors and a need for a new VA examination.

The Board has decided to remand the case due to procedural errors and a need for additional notice, as well as the requirement of an in-person VA examination.

The Veteran's right and left lower extremity radiculopathies, degenerative disc disease of the lumbar spine, chondromalacia patella (right and left knees), and sleep apnea residuals status post nasal fracture are all rated at their maximum allowable levels. The Veteran's chest scar is not compensably rated as it does not meet the required surface area criteria. The Veteran's neck scar also does not warrant a compensable rating.

The Board has determined that the decision on appeal was not legally adequate and requires remand for further action, including obtaining a medical opinion from the Centralized Eligibility and Appeals Team (CEAT) regarding personal care services needs and supervision requirements. The AOJ must also provide compliant notice under 38 U.S.C. § 5104.

The Veteran's L5-S1 disc protrusion with degenerative disc disease was not service connected at the time of the December 17, 2019 spinal laminectomy. Therefore, a temporary total rating based on hospitalization or convalescence is denied.

The Board has remanded the Veteran's claims for generalized anxiety disorder, hypertension, back disability, and left lower extremity sciatic radicular pain due to a lack of medical opinions regarding service connection. The VA examiner is required to provide an opinion on whether these conditions are related to active service.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to his ability to independently ambulate without aids.

The Board has decided to remand the case due to a duty to assist error, and will consider any new evidence submitted by the Veteran.

The Board has found that remand is needed for additional development, including obtaining outstanding treatment records and scheduling a new examination to evaluate the Veteran's cervical spine disability and radiculopathy.

The Board has remanded the claims for lumbar spine strain, right knee medial tear, left knee strain, left knee instability, and right knee instability due to additional development being needed. The Veteran's RLE radiculopathy claim is also remanded for an updated VA examination.