Back / lumbar spine decisions — 2024

The Board has determined that the Veteran's home modifications and equipment purchases are necessary to enable him to function more independently in his family and community without assistance, or with a reduced level of assistance.,However, additional equipment purchases and/or home modifications, such as an overhead cover for a wheelchair lift at the front of the home, a cover over the front walk, installation of a central air conditioning system, an addition to the home to include installation of a new bathroom downstairs, extension of the rear of the main bedroom to create space for a walk-in closet and a work-out room on the floor below; and creating access to an existing outdoor kitchen located near the pool area, are not necessary.,The Veteran's service-connected conditions do not necessitate these additional modifications.

The Veteran's lumbosacral strain is rated at 20 percent from April 12, 2016. He also received separate ratings of 10 percent for right and left lower extremity radiculopathy effective March 7, 2017, and July 30, 2019, respectively.

The Veteran's claim for a higher rating for his service-connected low back disability is granted, with a 40 percent rating effective July 1, 2014. The appeal is denied for more than the 40 percent rating.

The Veteran's initial migraine including migraine variant claim is denied as his symptoms do not include characteristic prostrating attacks.,The Veteran's low back condition remains rated at 20 percent, and the issue of entitlement to a TDIU is remanded due to inextricability with the low back rating.

The Board denied service connection for lumbosacral strain, right shoulder strain, and cervical strain as the evidence did not establish a causal link between the in-service injuries and current disabilities.

The Board remands the claim for a lower back disorder to schedule an examination and obtain an opinion on its etiology, including whether it is related to a motor vehicle accident during service.

The Board denied service connection for acquired psychiatric disability, right ankle disability, and back disability as the evidence did not support a finding of current disabilities related to or caused by the Veteran's active duty or service-connected conditions.

The Board denied service connection for alcohol use disorder and an anxiety disorder, granted service connection for a deviated septum, and granted ratings of 80 percent but no higher for narcolepsy and 20 percent but no higher for dry eye syndrome with arcus senillis.

The Veteran's lumbosacral strain has been rated at 10 percent, and the Board granted a higher rating of 40 percent effective August 31, 2019.

The Veteran's appeal for higher ratings on his low back disability and radiculopathy of the lower right extremity is denied. His claim for service connection for bilateral hearing loss is remanded.

The Board granted service connection for GERD, sinus headaches, right and left lower extremity neuropathy, pseudofolliculitis barbae of the skin, and lumbar spine degenerative arthritis and DDD. The claim for an acquired psychiatric disorder (depression and anxiety) was denied.

The Board granted readjudication of the claims for service connection for a low back disability, right lower extremity neurological disorder, and left lower extremity neurological disorder based on new and relevant evidence.

The Board has denied service connection for back, left knee, right knee, and sleep apnea conditions as secondary to service-connected foot disabilities.

The Board has determined that the Veteran's claims for service connection are remanded due to errors in obtaining VA treatment records and opinions. The Veteran is entitled to bilateral hearing loss, but not to left ear hearing loss as there is no current diagnosis. Service connection is granted for plantar warts of the feet. The Board finds that additional medical opinions are needed regarding his knee, cervical spine, and lumbar spine disabilities due to a lack of consideration of the Veteran's competent statements about continuity of symptoms.

The Board denied the Veteran's claim for a disability rating in excess of 20 percent for lumbosacral strain with chronic thoracic strain.

The Board granted service connection for a lumbar spine disability, finding that the evidence is at least evenly balanced as to whether the Veteran's lumbar spine disability is related to his active service.

The Veteran's claim for service connection for lumbosacral strain with degenerative disc disease and degenerative arthritis was denied, as the effective date cannot be earlier than December 9, 2021, when VA received his supplemental claim. The Board found that no valid claim had been filed within one year of separation from service.

The Board has remanded the claims for an increased rating for thoracolumbar strain, degenerative arthritis of the left hip, impairment of thigh, left hip, limitation of extension, left thigh, right hip degenerative arthritis, limitation of extension, right thigh, and impairment of thigh, right hip due to a lack of updated VA examination prior to the September 2021 decision.

The Board denied service connection for right ankle, left ankle, back, and left knee disabilities as they were not etiologically related to the Veteran's active service or secondary to a service-connected condition.

The Board remands the claim for a new VA opinion regarding the Veteran's current low back disability to determine if it is at least as likely as not that the disability had its onset during his period of active duty for training or is otherwise causally related to an in-service disease or injury.