Back / lumbar spine decisions — 2024

The Veteran's claims for increased ratings for major depressive disorder and left lower extremity lumbar radiculopathy are being remanded due to a failure to obtain relevant medical records from the Carilion Roanoke Memorial Hospital. These records could have significant impact on the rating decisions.

The Veteran's claims for increased ratings for his lumbosacral strain, lumbar spondylosis, degenerative disc disease, bilateral lower extremity radiculopathy, and bilateral knee disabilities are being remanded due to inadequate examination reports. The VA will conduct new examinations to assess the severity of these conditions during the rating period.

The Board has decided that the Veteran's claim for service connection for a low back disability is remanded due to a duty-to-assist error. The AOJ will provide an examination and determine if there is a link between the Veteran's current low back condition and his active service.

The Veteran's claim for service connection for a skin disability has been readjudicated and may be granted with the submission of new evidence.,Service connection for a back disability is denied as there is no evidence showing it was incurred in or aggravated by service, and the condition did not manifest within one year post-service.,Service connection for bilateral lower extremity radiculopathy is denied due to lack of evidence linking the condition to service.

The Veteran's service-connected disabilities, including his persistent depressive disorder with generalized anxiety disorder and alcohol use disorder, as well as his lumbar spine disability and bilateral pes planus with plantar fasciitis, render him unemployable. The Board has resolved all reasonable doubt in favor of the Veteran, granting TDIU.

The Board has decided to remand the case due to a lack of medical opinion regarding whether the Veteran's cervical spine degenerative disc disease with intervertebral disc syndrome is related to his service. The matter will be further reviewed and examined.

The Board has remanded the claims for an initial rating in excess of 10 percent for DDD of the lumbar spine prior to May 6, 2016 and for effective dates prior to February 27, 2019 for radiculopathy ratings.

The Board has granted the Veteran's claim for service connection for Obstructive Sleep Apnea Syndrome (OSA) as it is at least as likely as not caused or chronically worsened by his service-connected musculoskeletal disabilities.

The Veteran's appeals for increased ratings and TDIU were dismissed due to a procedural defect in how the appeal was filed.

The Veteran is granted a 10 percent initial rating for topical dermatitis and denied an increased rating for lumbosacral strain.

The Veteran's thoracolumbar spine degenerative arthritis with intervertebral disc syndrome is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's cervical degenerative arthritis of the spine is currently rated at 10 percent, and the Board also finds no basis for granting a higher rating.

The Veteran's claims for an effective date earlier than August 6, 2021 for the grant of service connection for tinnitus and an effective date earlier than August 25, 2023 for the grants of service connection for lumbar radiculopathy, sciatic, left and right are denied.,The Veteran's claims for a rating in excess of 50 percent for PTSD with alcohol use disorder, an initial compensable rating for bilateral hearing loss, a rating in excess of 10 percent for tinnitus, a rating in excess of 20 percent for disc degeneration at fifth lumbar, first sacral of the lumbar spine, and ratings in excess of 40 and 20 percent for lumbar radiculopathy, sciatic, left and right are denied.,The Veteran's claims for a compensable rating for scar, left knee, a rating in excess of 10 percent for painful scar, left knee, and a compensable rating for hemorrhoids are denied.

The Veteran's claim for a higher rating for his lumbosacral degenerative joint disease and herniated nucleus pulposus (lumbar spine disorder) was denied as the disability does not meet or more nearly approximate the criteria for a rating greater than 20 percent.

The Veteran's appeal regarding her claim for service connection for degenerative disc disease, other than intervertebral disc syndrome from a February 2022 rating decision is dismissed because she did not timely file the required VA Form 10182.

The Board has granted service connection for a thoracolumbar spine disability, right knee disability, and headache disability. The Veteran's current conditions are reasonably shown to have had onset in service.,Service connection is established for the Veteran's thoracolumbar spine, right knee, and headache disabilities based on continuity of symptomatology since service.

The Board denied service connection for various disabilities, including low back disability, left lower extremity radiculopathy, GERD, allergic rhinitis, hypertension, chronic fatigue syndrome (CFS), skin cancer, and hiatal hernia, finding that the evidence did not support a nexus to service.

The Board dismissed the appeal because the proposal to reduce the rating for lumbosacral strain was not a final decision affecting provision of benefits.

The Veteran's lumbosacral strain is granted an increased disability rating of 40 percent, effective March 19, 2022. The criteria for unfavorable ankylosis were not met.

The Veteran's sleep apnea is granted as secondary to his service-connected allergic rhinitis. Service connection for PTSD, adjustment disorder with anxious mood and/or depressed mood, and any other mental disorders are denied due to lack of a formal DSM-5 diagnosis during the pendency of the claim.

The Veteran's claims for service connection have been remanded due to insufficient evidence. The lumbosacral strain claim is denied, and the hearing loss claim is also denied.