Back / lumbar spine decisions — 2023

The Board has granted the Veteran's claim for service connection for degenerative disc disease of the lumbar spine due to new and relevant evidence received since the July 2014 rating decision.

The Veteran's service connection claim for degenerative disc disease of the lumbar spine was granted. The claim for a condition manifested by cysts/benign growths and/or lipomas is remanded due to the need for a VA examination.

The Veteran's claim for bilateral hearing loss is denied as there is no current diagnosis of hearing loss.,The Veteran's claim for a back condition is denied due to lack of evidence of a current disability during the appeal period.,The Veteran's claim for an acquired psychiatric disability is denied because there is no current diagnosis of such a disability within the appeal period.

The Board has dismissed the appeals for service connection of right shoulder bursitis, left shoulder bursitis, and low back condition due to the Veteran's death.

The Veteran's bilateral hearing loss was rated at a noncompensable disability rating from March 18, 2008 to January 8, 2015 and granted a 10% disability rating effective November 9, 2001 for his left ear hearing loss and April 23, 2007 for his right ear hearing loss. The Veteran is seeking a 10% disability rating from March 18, 2008 to January 8, 2015.,The Veteran's lumbosacral spine degenerative arthritis with DDD was rated at a noncompensable disability rating prior to October 19, 2020 and denied an increased rating. The Veteran is seeking a 40% disability rating from April 7, 2016.

The Veteran's claim for an increased disability evaluation for his service-connected degenerative arthritis of the lumbar spine, IVDS, and degenerative disc disease with chronic strain was denied. The Board found that the criteria for a 40 percent disability evaluation were met since June 5, 2018.

The Veteran's appeals for earlier effective dates for service connection and increased ratings have been dismissed as the Veteran withdrew her appeals.

The Board has denied the Veteran's claim for service connection for a low back disability, finding that his current condition did not originate in service and is not otherwise etiologically related to his active service.

The Veteran's lumbosacral strain with IVDS and spinal fusion is rated at 20 percent, effective June 4, 2013.

The Board has granted service connection for lumbar spine degenerative disc disease and secondary service connection for right lower extremity radiculopathy, both related to the Veteran's in-service back strain. The kidney cancer leading to nephrectomy is not considered service-connected.

The Veteran's claim for service connection for a low back disability was denied in November 1998 due to lack of evidence. The Board found that the November 1998 decision had CUE because it did not consider the Veteran's service records and VA examination, which supported his claim. Therefore, the Board granted service connection for the low back disability effective from when he filed his initial claim in November 1995.

The Board has remanded several issues for further development due to the need for additional evidence. The effective date of service connection for other specified stressor and trauma related disorder is being considered, but no specific rating or effective date was assigned.

The Veteran's RLE radiculopathy and DDD with spinal stenosis were granted increased ratings, effective March 28, 2020.

The Board has granted service connection for the Veteran's back disability, including degenerative arthritis and pain, finding that there is at least a balance of evidence to support this claim.

The Veteran's claims for service connection of various disorders are being remanded due to the need for additional medical examinations and evaluations.

The Board denied service connection for a low back disability and granted initial noncompensable ratings for right and left knee disabilities. The Veteran's claims for higher initial ratings remain in appellate status.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and his ability to complete a college degree and open his own business during the appeal period weighs against finding unemployability.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining a retrospective opinion regarding the Veteran's low back disability.

The Veteran's cervical spine disability is being remanded for further evaluation and rating consideration due to increased severity since the last examination.

The Veteran's back condition, LLE and RLE radiculopathy, and brain aneurysm have been granted service connection. The effective dates for these conditions are February 7, 2021.