Back / lumbar spine decisions — 2024

The Board has decided to remand the case due to a duty to assist error and inadequate medical opinions regarding service connection for headaches, including as secondary to tinnitus.

The Veteran's back disability, which was service-connected as of May 14, 1997, has caused her to require the regular aid and assistance of another person since that date.

The Board has determined that new and relevant evidence has been received to reopen the Veteran's claims for service connection for residuals of vasectomy, right ankle disability, left ankle disability, and residuals of tailbone injury. The claim is now remanded for further development.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further medical examination.

The Board has granted service connection for a lumbar spine condition, finding that the Veteran's current disability is related to his active military service. The decision also notes that the gap in documented medical treatment between the in-service injury and post-service diagnosis does not negate the link.

The Board has remanded the cases for further examination and opinion regarding service connection for neck, right shoulder, and left shoulder disabilities. Service connection is denied for low back disability.

The Veteran's degenerative disc disease, radiculopathy of the left lower extremity with sciatic nerve involvement, and left leg stress fracture are currently rated at 40 percent, 20 percent, and 10 percent respectively. The Board finds that these ratings adequately reflect the severity of the disabilities.

The Veteran's claims for service connection for peripheral neuropathy of the bilateral lower extremities and degenerative joint disease/degenerative disc disease (DDD) of the cervical spine have been denied due to lack of new and relevant evidence.

The Veteran's service-connected major depressive disorder with anxious distress and traumatic brain injury has rendered him unable to secure or follow substantially gainful employment since January 2022, qualifying for a TDIU. Additionally, the Veteran is in receipt of SMC at the housebound rate due to additional service-connected disabilities. The claim for bilateral pes planus remains pending as it involves duty to assist errors.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for lower back surgery (previously rated as degenerative disc disease, thoracolumbar spine) is granted due to the submission of new and relevant evidence.

The Board denied service connection for various conditions, including anxiety, back disability, neck disability, right knee disability, left knee disability, head injury, and right ear hearing loss. The effective date of the decisions was January 12, 2022.

The Board has denied service connection for GERD, an acquired psychiatric disability, left shoulder disability, right knee disability, and back disability as the evidence does not support a finding of in-service incurrence or aggravation.

The Veteran's claims for increased ratings for cervical and lumbar spine disabilities are being remanded due to the need to obtain SSA records related to his disability benefits.

The Veteran's bilateral hearing loss is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted.,The Veteran's left ankle condition is currently rated as 10 percent disabling. The Board finds that a higher rating in excess of 10 percent is not warranted.,The Veteran's left TPS, limitation of extension is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted.,The Veteran's left TPS, limitation of flexion is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted.,The Veteran's left TPS, impairment of thigh is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted.,The Veteran's lumbosacral strain is currently rated as 10 percent disabling. The Board finds that a higher rating in excess of 10 percent is not warranted.

The Veteran's claims for service connection for buttocks pain, rectal dysfunction, rheumatoid arthritis, non-union left elbow chip fracture with resolution of elbow effusion and osteoarthritis associated with history of lumbosacral strain with disk herniation at L4-5 and L5-S1 and DDD, and left shoulder strain have all been denied.,The Veteran's claims for service connection for right hip numbness, left hip numbness, a disability of the right foot toes, a disability of the left foot toes, a sleep disorder to include sleep apnea, hypertension, SMC based on need for regular aid and attendance, and an effective date prior to August 20, 2002 have been remanded.

The Board has denied the Veteran's claims for service connection for lumbar and cervical spine disabilities, finding that there is no evidence of in-service injury or disease related to these conditions. The Board also found no continuity of symptomatology after service.

The Veteran's claims for increased ratings and an effective date prior to November 5, 2018, for right lower extremity radiculopathy are remanded due to duty-to-assist errors. The Board also found that the evidence supports a finding of entitlement to an earlier effective date of May 16, 2018.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no current diagnosis of a hearing disability for VA compensation purposes.,The Veteran's claims for service connection for left hand and right hand disabilities are denied as there is no current diagnosis of these disabilities.

The Veteran's claims for service connection have been remanded due to new and relevant evidence received. The Board finds that the Veteran has a back condition, right shoulder condition, left shoulder condition, right wrist condition, left wrist condition, and asthma related to his military service.

The Veteran's crutches, used for his service-connected low back disability, have caused wear and tear to his clothing. The Board has granted an annual VA clothing allowance for the year of 2020 due to this use.