Back / lumbar spine decisions — 2024

The Veteran's claims for bilateral hearing loss, tinnitus, back disability, left lower extremity radiculopathy (radiculopathy), left hip disability, bilateral knee disability, and bilateral foot disability have all been denied as there is no evidence of in-service incurrence or aggravation.

The Veteran's service-connected disabilities, including PTSD and lumbosacral strain, render her unable to secure and follow a substantially gainful occupation from April 27, 2021. The Board granted the TDIU based on the cumulative effects of these conditions.

The Veteran's claims for increased ratings for left knee meniscus tear and lumbosacral strain are being remanded due to pre-decisional duty to assist errors.

The Board has remanded the claims for service connection due to insufficient evidence and duty-to-assist errors. The Veteran's prostate cancer, back disability, and nerve disabilities are all at issue.

The Veteran's appeal has been withdrawn by his representative, and the claims for service connection have been dismissed.

The Veteran's PTSD is granted an initial 70 percent disability rating, and his lumbar spine disability, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity are denied increased ratings.

The Board has dismissed the appeals for entitlement to service connection for bilateral hearing loss and low back condition due to untimely filing of Notice of Disagreement. The appeal for sleep apnea is remanded.

The Veteran was granted a TDIU effective October 23, 2012, due to his service-connected migraines and other disabilities preventing him from securing or maintaining substantially gainful employment.,Basic eligibility for DEA benefits was also granted effective October 23, 2012, based on the Veteran's service-connected disabilities.

The Board denied requests for earlier effective dates for service connection of generalized anxiety disorder, left shoulder strain, lumbosacral strain (back disability), and tinnitus as the earliest date of receipt was September 13, 2021.

The Board has decided to remand the case due to a need for an addendum medical opinion regarding whether the Veteran's pre-service back injury was aggravated by his active-duty service, including his in-service fall and back injury.

The Veteran's claim for service connection for a low back disability is being remanded due to the need for additional evidence and an examination.

The Board has decided to remand both the service connection claim for sleep apnea and the rating claim for degenerative arthritis with intervertebral disc syndrome, lumbar spine. The claims will be reconsidered by the AOJ with new medical opinions provided.

The Board has remanded the claims for diabetes mellitus, type II and bilateral carpal tunnel syndrome due to potential toxic exposure in service. The IBS with GERD claim is denied as it does not meet the criteria for a higher rating.

The Veteran's degenerative arthritis of the lumbar spine is rated at 20 percent, which does not meet the criteria for a higher rating.,The Veteran's radiculopathy of the left lower extremity is rated at 20 percent, which meets the criteria for an increased initial rating to 40 percent prior to July 10, 2019 and remains at 20 percent thereafter.,The Veteran's radiculopathy of the right lower extremity is rated at 20 percent, which meets the criteria for an increased initial rating to 40 percent prior to July 10, 2019 and remains at 20 percent thereafter.,The Veteran's chronic left hip strain (flexion) is not service-connected and thus does not meet the criteria for a higher rating.,The Veteran's left hip strain (extension) is rated at noncompensable (0 percent), which meets the criteria for an initial compensable rating.,The Veteran's left hip strain (impairment of thigh) is rated at noncompensable (0 percent), which meets the criteria for an initial compensable rating.,PTSD was granted service connection effective September 20, 2017 and does not meet the criteria for a higher rating.

The Board has remanded the case due to incomplete service treatment records and a need for further review of the evidence submitted by the appellant.

The Board has granted service connection for the Veteran's cervical spine condition, left heel condition, left knee strain, left shoulder condition, lumbar spine condition, and left foot condition, all of which are found to be related to his active service.

The Board has decided to remand the Veteran's claim of service connection for a lumbar spine disability due to insufficient evidence and need for further examination.

The Veteran's initial rating for low back disability and cervical spine disability was denied. The low back disability did not meet the criteria for a higher than 40 percent rating, while the cervical spine disability prior to October 15, 2019, did not meet the criteria for a higher than 10 percent rating.

The Board denied higher ratings for service-connected right knee disability, inguinal hernia, and lumbar spine disability. The Veteran's failure to respond or cooperate with scheduling VA examinations resulted in the denial of these claims as a matter of law.

The Board has granted a rating of 40 percent for the appellant's low back disability, effective August 6, 2020. The skin disability is rated at 10 percent. Other issues remain in appellate status.