Back / lumbar spine decisions — 2023

The Veteran's claim for TDIU was granted effective December 31, 2018. The Board found that the Veteran met the schedular requirements for TDIU as of June 26, 2013 and his entitlement arose on the date he filed the claim.

The Board has granted service connection for cervical spine, lumbar spine, left knee, and left shoulder disabilities, as well as bilateral hip replacement. The Veteran's right upper extremity and lower extremity radiculopathies are also found to be related to his service-connected conditions.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions regarding the relationship between his lumbar disability and right knee disability, as well as his lower extremity radiculopathy.

The Board has remanded the claims for service connection due to a lack of a VA examination and medical opinion regarding the etiology of the Veteran's lumbar spine disability. The claims are inextricably intertwined with the claim for service connection for the underlying lumbar spine disability.

The Board has granted readjudication of the claims for service connection for a bilateral lung disability and a back disability, finding that new evidence supports reopening these claims.

The Board denied service connection for a low back disability, right shoulder disability, and left shoulder disability. The evidence did not support the Veteran's claims that his current disabilities were related to service.,Service treatment records did not show any symptoms or diagnoses of these conditions during active duty. Post-service medical records indicated the disabilities began in 2017, more than 30 years after separation from service.

The Veteran's claims for dental, bilateral hearing loss, low back, right knee, and left knee disabilities have been denied as there is no evidence of a current disability or that any are related to service.,There is no evidence of a current bilateral hearing loss disability for VA purposes during the appeal period. The Veteran has not provided sufficient evidence to establish a current disability.,The Board finds no evidence of a current low back, right knee, or left knee disability in the record and concludes that these claims are denied as there is insufficient evidence to support their existence.,,

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's lumbar spine disability is related to service. The claim will be reconsidered with a new examination and opinion.

The Veteran's left and right shoulder conditions, as well as his DDD of the lumbar spine and degenerative arthritis of the right knee, are all granted service connection based on their relationship to his service-connected right paravertebral muscles myositis, trapezius and rhomboid.

The Veteran's claim to reopen their previously denied PTSD service connection is dismissed.,Their initial disability rating for a back disability remains at 20 percent, and an earlier effective date for this condition is also denied.

The Veteran's rating for migraine headaches was restored to 30 percent, and a 20 percent rating was granted for degenerative disc disease of the cervical spine.

The Veteran's arthritis of the bilateral feet, low back pain, right knee pain, osteoarthritis of the left shoulder, and bilateral hearing loss were all granted service connection as they are considered direct service-connected disabilities.,Service connection was established for these conditions based on their onset during periods of active duty.

The Veteran's claim for a higher rating for his low back disability is being remanded due to the need for additional VA and private medical records.

The Veteran's claim for an increased disability rating greater than 10 percent for his bilateral L5 spondylolysis with mechanical low back pain was denied. The evidence did not show that the Veteran met the criteria for a higher rating under the applicable VA rating criteria.

The Board has decided to remand the claims for service connection for an acquired psychiatric disorder and a back disorder due to incomplete compliance with prior remand directives. The Veteran's medical opinions are needed regarding the etiology of his psychiatric and back disorders.

The Veteran's claim for increased ratings for his service-connected back and knee disabilities was denied. The rating for degenerative arthritis of the thoracolumbar spine with intervertebral disc syndrome and compression fractures of T8-T10, status post lumbar fusion is denied as it does not meet the criteria for a higher rating due to lack of unfavorable ankylosis or incapacitating episodes. Ratings for radiculopathy of the sciatic nerve in both lower extremities are granted at 40 percent. Ratings for left knee strain with limitation of flexion and right knee status-post operative torn meniscus (limitation of extension) are denied as they do not meet the criteria for higher ratings. The Veteran's painful scars of the right knee and posterior trunk are rated at 10 percent.

The Board denied an earlier effective date for a total disability rating based on individual unemployability (TDIU) because the Veteran did not have a pending claim for TDIU prior to September 14, 2014. The effective date remains September 14, 2014, as it is the earliest possible date due to service connection being established after that date.

The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including back disorder, left and right lower extremity radiculopathy, TDIU, and SMC. The reasons for remanding are to obtain additional medical evidence or a medical opinion, as well as to ensure compliance with directives.

The Veteran's appeal for service connection for radiculopathy of the left lower extremity was dismissed. The Veteran is granted TDIU effective October 23, 2018, but no earlier.

The Veteran's claim for service connection for right knee disability is granted, with the condition being diagnosed as right knee strain and retropatellar pain syndrome. The claim was reopened due to new evidence submitted.,Service connection for tinnitus is granted based on the Veteran's in-service noise exposure during his military service.