Back / lumbar spine decisions — 2024

The Board has granted service connection for the Veteran's low back condition, finding that it is related to his active duty service.

The Veteran's back condition with sciatica to include neuralgia is related to his in-service duties and the Board has granted service connection for this condition.

The Veteran's lumbosacral strain is not related to his service-connected right patellar fracture and bilateral plantar fasciitis with flat foot conditions.,The Veteran's vertigo is not related to his service-connected post-concussive syndrome.

The Board denied a rating in excess of 40 percent for epilepsy and a rating in excess of 20 percent for back disability, but granted a total disability rating based on individual unemployability (schedular TDIU) from October 23, 2019.

The Veteran's claims for increased ratings for his service-connected back disability and bilateral lower extremity radiculopathy have been denied. The Board found that the evidence did not support an initial rating in excess of 20 percent for the Veteran's back disability, as his range of motion was limited to at worst 60 degrees during flare-ups. For his bilateral lower extremity radiculopathy, there is no evidence of incapacitating episodes or other factors warranting higher ratings.

The Board denied the veteran's claim for an earlier effective date for service connection for degenerative arthritis of the spine, finding that the March 2006 rating decision was final and no new and material evidence had been submitted to reopen the claim prior to September 30, 2008.

The Veteran's service-connected right lower extremity radiculopathy of the femoral nerve is granted a 20 percent disability rating, effective March 28, 2021. The Veteran's service-connected right lower extremity radiculopathy of the sciatic nerve also receives a 20 percent disability rating from that date.

The Board has granted service connection for a low back condition, finding that the Veteran's symptoms began during his military service and are related to his active duty.

The Veteran's service-connected degenerative disc disease of the lumbar spine is found to be a but-for cause of his obstructive sleep apnea, and thus service connection for OSA as secondary to this condition is granted.

The Board has remanded the Veteran's claims for service connection for right knee and low back disabilities due to inadequate VA medical opinions. Additional evidence is needed, including treatment records and an addendum opinion addressing the relationship between the disabilities and service.

The Veteran's claim for an earlier effective date for the assignment of a 40 percent rating for his lumbar spine disability is denied.,The Veteran's claim for a separate rating for left lower extremity radiculopathy is denied.

The Veteran's acquired psychiatric disorder was granted service connection. The left ankle condition claim is dismissed due to procedural defects. Other claims for various conditions are remanded.

The reduction from 40 percent to 20 percent for the Veteran's lumbar strain is not proper and has been restored. The TDIU claim is remanded due to a duty to assist error.

The Board has remanded the Veteran's claims for bilateral hearing loss, DDD of the cervical spine, Barrett's esophagus, RUE palsy, and LUE palsy due to potential service connection based on military noise exposure and contaminated drinking water at Camp Lejeune. The claims are being returned for further development.

The Board has denied the Veteran's claims for service connection for bilateral knee, ankle, foot, hip disabilities and cervical spine disability. The evidence did not show a current disability or any related symptoms that caused impairment in earning capacity during the appeal period.

The Board has denied service connection for the Veteran's claimed right ear hearing loss, lumbar spine disability, cervical spine disability, left shoulder disability, left lower extremity disability, and right lower extremity disability as there is no evidence of a current disability or in-service incurrence.

The Veteran's service-connected disabilities, including major depressive disorder, obstructive sleep apnea, degenerative joint and disc disease of the low back, left knee osteochondroma, right knee degenerative joint disease, hypertension, folliculitis, chronic maxillary sinusitis, and migraine headaches, have rendered him unable to secure or follow a substantially gainful occupation since May 2021. The Board has granted a TDIU based on this evidence.

The Board has denied the Veteran's claim for an evaluation in excess of 50 percent for service-connected PTSD. The claims for service connection for left ankle condition, low back condition (IVDS), ilio-inguinal nerve entrapment, right post hernia repair, and right ankle condition (lateral collateral ligament sprain) are remanded due to the submission of new evidence.

The appeal of a proposed rating reduction for a lumbar disorder is dismissed, and the claim for service connection for dyslipidemia is denied. Several claims for service connection are remanded.

The Board denied a rating in excess of 10 percent for toxic nodule goiter with thyroid disorder and remanded the claim for service connection for a low back disability.