Back / lumbar spine decisions — 2024

The Veteran's service-connected conditions have precluded substantially gainful employment consistent with his education and occupational experience, warranting a TDIU.

The Board has dismissed the Veteran's appeals for ratings greater than 20 percent for lumbar strain with spondylolisthesis and joint space narrowing, a compensable rating for right medial tibial stress syndrome (also claimed as right ankle shin splints), and a rating greater than 30 percent for asthma.

The Board has decided the left shoulder disability claim in favor of the Veteran, granting service connection. However, due to new evidence received regarding the low back disability, the case is being remanded for further review.

The Veteran's RLE and LLE lumbar radiculopathy are currently rated at 20 percent each, effective June 4, 2020.,The Board finds that the evidence does not support a higher rating for either condition.

The Board has remanded the claims for a rating in excess of 40 percent for a lumbar spine disability and entitlement to TDIU due to unresolved issues. The Veteran's lumbar spine disability is currently rated at 40 percent.

The Veteran's appeal for service connection of a back condition has been dismissed due to the appellant, through his authorized representative, requesting withdrawal of the appeal.

The Veteran's chronic strain of the lumbosacral spine prior to September 6, 2017 is currently rated at 10 percent and not higher.

The Veteran's appeal for service connection on two conditions (back disability and lower leg disability) has been dismissed due to the Veteran's death during the pendency of the appeal.

The Veteran's current diagnoses of right ankle, knee, hip, back, skeletal arthritis, bilateral eye condition, vertigo, headaches, peripheral neuropathy of the upper and lower extremities do not meet the criteria for service connection.,Service connection is denied for all claimed conditions.

The Veteran withdrew his appeals regarding service connection for asthma, hemorrhoids, right knee condition, left knee condition, low back pain, and kidney stones.

The Veteran's hypertension is presumed to have been incurred in service due to herbicide agent exposure. Service connection for erectile dysfunction, left ankle disorder, and low back disorder is remanded as the evidence does not establish a direct or secondary relationship with service.

The Board has remanded the claim for service connection of radiculopathy of the left lower extremity due to insufficient evidence. The ratings for lumbar spine degenerative disc disease, right shoulder disability, and left knee disability remain denied as they do not meet the criteria for increased ratings.

The Veteran's lumbar spine, left knee, and right knee conditions are being remanded due to inadequate VA examinations. The claims for service connection as secondary to his service-connected adjustment disorder with depressed mood need further evaluation.,VA is requesting additional evidence or a new examination to determine if the Veteran's lumbar spine, left knee, and right knee conditions were caused or worsened by his service-connected mental health condition.

The Veteran's appeal for service connection on two conditions (left shin and back disabilities) has been dismissed due to the Veteran's death.

The Veteran's claim for increased ratings for lumbar degenerative disc disease was denied as the evidence did not show that his disability warranted a rating greater than 10 percent prior to June 1, 2021 or greater than 20 percent since June 1, 2021.

The Veteran's claims for increased ratings for left lower extremity radiculopathy, right lower extremity radiculopathy, and thoracolumbar spine degenerative arthritis were denied as the evidence did not support a higher rating.

The Board dismissed the Veteran's appeal because the proposed reduction of his disability ratings was not implemented, and the Veteran did not request a hearing or submit evidence within the required timeframe.

The Board has decided to remand the claim of service connection for sleep apnea as secondary to lumbar degenerative disc, degenerative arthritis of the spine due to a pre-decisional duty to assist error. The Veteran's claim will be reconsidered with an examination and addendum opinion.

The Board has granted service connection for the Veteran's degenerative joint disease of the lumbar spine as secondary to his service-connected right ankle and right hip disabilities. However, it denied service connection for his claimed right lower extremity radiculopathy.

The Board has denied service connection for hypertension and sleep apnea, but has remanded the claims for a left knee disability, right knee disability (claimed as secondary to a left knee disability), and lumbar spine disability (claimed as secondary to a left knee disability).