Back / lumbar spine decisions — 2024

The Veteran's TDIU based solely on his major depressive disorder is granted.,The reduction of the Veteran's rating for his service-connected degenerative arthritis of the lumbar spine from 40% to 20%, effective January 9, 2018, was improper and has been restored.

The Board has denied service connection for lumbosacral strain, cervical spine strain, right knee strain, left shoulder strain, and right shoulder strain as the evidence does not support a relationship to service or within one year of separation.

The Board has denied service connection for bilateral hearing loss, right index finger disability residual to injury, low back disability (lumbar radiculopathy), left hip disability, right hip disability, and left knee and right knee disabilities due to a lack of evidence linking these conditions to service.

The Board denied a rating in excess of 20 percent for the Veteran's low back condition and denied an earlier effective date for service connection. The evidence did not show that the Veteran's disability increased in severity within one year prior to June 1, 2022.

The Veteran withdrew his appeals for compensation under 38 U.S.C. 1151 for various conditions, including chronic dizziness, major depression, CFS, nerve damage, spine condition, and sick sinus syndrome.

The Board denied the Veteran's claim for service connection of a back disability, finding that there is no competent evidence suggesting a causal relationship between his current disability and an in-service injury. The VA examinations provided negative nexus opinions.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the relationship between his current conditions and his military service.

The Veteran's claims for increased ratings and service connection were denied. His lumbar spine disability was not productive of incapacitating episodes, ankylosis, or other criteria warranting a higher rating. His seborrheic dermatitis did not meet the criteria for a compensable evaluation.

The appeal regarding the timeliness of the January 2020 VA Form 9 is dismissed. The claims for increased evaluations are remanded.

The Board has remanded the Veteran's claims for service connection due to pre-decisional errors and the need for additional evidence. The issues of entitlement to service connection for degenerative disc disease with complete L4 laminectomy and posterior L2-S1 fusion, as well as secondary service connection for bilateral lower extremity radiculopathy, are being remanded.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that he was not unable to obtain or maintain substantially gainful employment solely because of these conditions.

The Veteran's major depressive disorder with anxious distress with insomnia resulted in occupational and social impairment from March 9, 2015 to September 2, 2021. The claim for service connection of the back disorder, left hip disorder, right hip disorder, right shoulder disorder, and right knee disorder is remanded due to procedural errors.

The Veteran's service-connected disabilities, including his right knee replacement and lumbosacral strain with spinal fusions and intervertebral disc syndrome (IVDS), have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU claim.

The Veteran's son A. was recognized as a helpless child for VA purposes, and the effective date of February 5, 2013, is granted for additional dependency benefits based on this recognition.

The Board has dismissed the Veteran's appeals regarding service connection for lumbar disc disease and neck disability due to a withdrawal request from the Veteran.

The Board denied the Veteran's claim for an earlier effective date prior to May 2, 2014, for a total disability rating based on individual unemployability (TDIU) because he did not meet the schedular requirements and there was insufficient evidence to substantiate that his service-connected disabilities rendered him unable to secure or follow substantially gainful employment.

The Board has granted service connection for thoracic and lumbar spine disabilities, as well as a headache disability secondary to the Veteran's service-connected cervical spine disability. The claims are based on direct evidence of current diagnoses and continuity of symptomatology since service.

The Board has granted the Veteran's claims for an effective date of May 17, 2013, for separate disability ratings for right and left lower extremity radiculopathies. The Board also granted a disability rating of 40 percent for lumbar spine degenerative disc disease from May 17, 2013, to the present.

The Board has denied the Veteran's claims for service connection for shin splints, left and right lower extremities, and allergic rhinitis. The lumbosacral strain (back pain) claim is remanded.

The Board has determined that the Veteran's lumbosacral strain with spinal stenosis is caused by his service-connected right ankle strain, granting service connection for this condition.