Back / lumbar spine decisions — 2024

The Veteran's back condition is granted service connection, and the denial of his right great toe ingrown toenail claim based on CUE in the January 2018 rating decision is denied.

The Board has remanded the cases due to a duty to assist error, specifically regarding the lack of an adequate rationale for the Veteran's claimed lumbar spine, left shoulder, right shoulder, right knee, and bilateral plantar fasciitis disabilities.

The Veteran's lumbar spine disability was reduced from a 40 percent rating to a 20 percent rating, effective October 19, 2021. The reduction is granted as the evidence showed actual improvement in her ability to function under ordinary conditions of life and work.

The Board has remanded the claims of service connection for low back disorder, right knee condition, and left knee condition due to a duty-to-assist error. The Veteran's lay statements indicate his conditions are related to active-duty service, including carrying heavy items and standing in vehicles over rough terrain.

The Board has remanded the claims for service connection for left ankle, right hip, and low back disabilities due to insufficient evidence at the time of the initial decision. New VA examinations are needed to determine the nature and etiology of any diagnosed conditions.

The Board has decided to remand the case due to errors in obtaining medical records and a need for an additional addendum opinion regarding the Veteran's back disability.

The Board has determined that the Veteran's hypertension and back disorder are not related to his service, but has found a need for further examination and opinion regarding these conditions.

The Veteran's tinnitus is granted service connection and rated at 10 percent.,For his lumbar spine degenerative arthritis and degenerative disc disease, the rating remains at 10 percent as there is no evidence of functional impairment warranting a higher rating.,Right hip strain limitation of flexion continues to be rated at 10 percent.,Left hip strain limitation of flexion also remains at 10 percent.,Right hip limitation of extension, right hip impairment of thigh, and left hip limitation of extension are all rated at 0 percent as there is no evidence of functional impairment warranting a higher rating.,Left hip impairment of thigh is also rated at 0 percent for the same reason.

The Veteran's ED is not found to be secondary to his service-connected conditions of chronic lumbar strain and left shoulder biceps tendinitis, and the Board denied service connection for this condition.

The Board has dismissed the appeals for service connection of cervical spine condition, left hip condition, right hip condition, and lumbar spine condition as these claims have been resolved in favor of the Veteran by a prior decision.

The Veteran's claim for SMC based on the need for aid and attendance prior to December 15, 2021 was denied as there is no evidence showing he required regular aid and assistance due to his service-connected disabilities.

The Veteran's radiculopathy of the left lower extremity was granted an increased rating to 40 percent, and his service connection claim for dementia was denied. Other claims were remanded.

The Veteran's initial rating for tinnitus remains at 10 percent, and service connection is granted for a sleep disability. The Board finds the evidence in equipoise as to whether the Veteran's back, psychiatric, right hand, lower leg, or knee disabilities had their onset during active service.

The Veteran's left knee strain, meniscal tear, and degenerative arthritis are found to be related to his service-connected ankle disabilities. His low back disability is also found to be related to his service-connected ankle disabilities.

The Veteran's claims for service connection are being remanded due to the need for additional development and medical opinions regarding his mental state at the time of misconduct, as well as obtaining relevant treatment records.

The Board has found errors in the duty to assist and remands both claims for further development. The Veteran's left ankle disability is claimed as multiple ankle injuries and gout, while his lumbar spine disability is claimed as strain or injury.

The Board has granted service connection for radiculopathy of the right and left lower extremities as secondary to a service-connected lumbosacral strain with degenerative arthritis and disc disease. Service connection for bilateral hearing loss was denied.

The Veteran's reduction in the evaluation for dermatitis from 10 percent to a noncompensable rating was not proper, and his 10 percent rating is reinstated. The Board has also remanded the issues of entitlement to increased ratings for degenerative disc disease of the lumbar spine and left knee arthritis.

The Veteran's service-connected disabilities prevent him from obtaining or maintaining substantially gainful employment as of February 18, 2019.

The Board remands the claims for service connection for lumbosacral strain and radiculopathy in the bilateral lower extremities to ensure a complete record is available.