Back / lumbar spine Board decisions

The Board has decided to remand the case due to a duty-to-assist error and the need for clarification of the Veteran's service periods. The Veteran is diagnosed with lumbosacral strain and lumbar spondylosis, and the claim will be reconsidered based on new evidence.

The Veteran's appeal for service connection for arthritis degenerative (lumbar) was denied due to the untimely filing of her request for higher-level review, which was received over a year after the July 2019 rating decision.

The Board has determined that the Veteran's claims for service connection are remanded due to a lack of development and consideration of certain private treatment records, as well as VA examinations. The Veteran is required to provide additional evidence or information regarding his claimed conditions.

The Veteran's claim for service connection for gastroesophageal reflux disease (GERD) was denied because the disability is not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a lumbar spine disability was denied because the disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a traumatic brain injury (TBI) was denied because there is no evidence of loss of consciousness or memory impairment following the motor vehicle accident during service, and post-service VA treatment records do not show a diagnosis of TBI.

The Veteran's initial rating for migraine headaches has been granted at a 50 percent level, and the Veteran is being remanded for further evaluation of his L4-L5 lumbar spondylosis with sclerotic changes of the left sacroiliac joint. The claim for entitlement to TDIU is also being remanded.

The Veteran's appeal for TDIU, left upper extremity neuropathy, and right shoulder rotator cuff strain has been dismissed.,The Veteran's appeals for a higher rating for left upper extremity neuropathy and right shoulder rotator cuff strain have been dismissed.,The Veteran's appeal for a higher rating for right shoulder rotator cuff strain has been dismissed.,A 20 percent rating is granted for right lower extremity radiculopathy.,A 20 percent rating is granted for left lower extremity radiculopathy.,The 40 percent rating for chronic lumbar strain with degenerative disc disease was reduced to 20 percent, and the reduction has been restored.

The Veteran's appeals for service connection and rating determinations have been dismissed due to the appellant's withdrawal of all pending appeals.

The Veteran's TDIU and DEA benefits were granted effective March 19, 2018. The earliest date of service connection for the conditions leading to these benefits is also March 19, 2018.

The Veteran's lumbosacral strain is granted as service connected, and her bilateral plantar fasciitis and headaches are remanded for further development.

The Veteran's claim for service connection for a neck condition was previously denied in May 2015. New evidence submitted within one year of the denial did not relate to an unestablished fact necessary to substantiate the claim. The Veteran filed a Supplemental Claim seeking service connection, but it was dismissed as untimely.

The Veteran's appeal is remanded for further development regarding his service-connected back condition, left knee degenerative joint disease status post arthroscopic repair, and right knee meniscal tear with arthroscopic repair.

The Veteran's lumbosacral strain and left lower extremity radiculopathy are granted service connection. The asthma claim is denied as it was preexisting and not aggravated by service.,Service connection for a lumbosacral strain is granted due to an in-service injury during ACDUTRA, with the Veteran's current disability being causally related to that injury.

The Board has denied the Veteran's claims for service connection for various conditions, including sinusitis, right and left upper extremity radiculopathy, sleep disturbances, a right knee disability, osteoarthritis of the lumbar spine, allergic rhinitis, and patellofemoral syndrome with degenerative arthritis in the left knee. The Board found that there was insufficient evidence to support these claims.

The Veteran's appeals for service connection on four different conditions have been dismissed due to the death of the Veteran during the appeal process.

The Board has granted service connection for a lumbar spine disability, finding that the Veteran's current condition is related to his in-service complaints and injury.

The Veteran's degenerative arthritis of the lumbar spine was diagnosed during service and has continued since then. The Board granted service connection for this condition based on continuity of symptomatology.

The Board found that the reduction in the disability rating for the service-connected lumbar spine disability from 40 percent to 20 percent, effective July 1, 2023, was proper based on improvement in the Veteran's ability to function under ordinary conditions of life and work.

The Board denied service connection for lumbosacral strain as there is no evidence to support a link between the Veteran's current condition and in-service reports of lower back pain.

The Veteran withdrew his appeals for service connection for instability, a low back condition, bilateral lower extremity radiculopathy, rhinitis, and sinusitis, as well as entitlement to a TDIU.

The Board has decided that the Veteran does not have a current disability related to residuals of a heat stroke, claimed as memory loss. The claims for service connection for a back disability and an acquired psychiatric disorder are remanded due to a duty to assist error.