Back / lumbar spine decisions — 2024

The Board has dismissed all issues related to the Veteran's claims for increased ratings and service connection, as the appellant withdrew their appeal prior to a decision being made.

The Veteran's lumbar spine disability, which includes degenerative disc disease (DDD), is granted a 40 percent rating from January 27, 2012 to November 27, 2020. The decision also notes that there is no evidence of ankylosis or the functional equivalent of ankylosis at any time during this period.

The Veteran's right ear hearing loss is granted as service-connected.,There is no evidence of a current diagnosis or in-service event related to the claimed female sexual arousal, and thus service connection for this condition is denied.,Service connection for the right leg disability, left leg disability, right knee disability, and left knee disability is denied due to lack of an in-service disease or injury.,The Veteran's lumbar spine, cervical spine, right hip, and left hip disabilities are not granted as service-connected.

The Veteran's service-connected disabilities do not prevent substantially gainful employment, and the criteria for a TDIU are not met.

The Veteran's lumbar spine disability has been granted a 40% rating, effective December 17, 2020.,Bladder dysfunction and irritable bladder syndrome have been granted a 60% rating from December 17, 2020.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment from December 2019 to March 5, 2020. As of March 5, 2020, the Veteran received a combined total rating of 100%, making the TDIU issue moot.

The Board denied the Veteran's claims for service connection for a back disorder, TBI, and headaches. The evidence did not support finding that these conditions were incurred or aggravated by service.

The Board has remanded the Veteran's claims for service connection for a traumatic brain injury, lumbar spine disability, and cervical spine disability due to insufficient evidence in the record. The Veteran was exposed to overpressure from firing mortars during service, which may have caused his current disabilities.

The Board has denied a rating in excess of 20 percent for the Veteran's service-connected lumbar spine degenerative disc disease, finding that his symptoms do not warrant such a higher rating based on limited range of motion.

The Veteran's claims for service connection for degenerative disc disease other than IVDS, left lower extremity femoral nerve radiculopathy, and right lower extremity femoral nerve radiculopathy were granted effective June 24, 2019.,Effective June 23, 2020, the Veteran was assigned a 20% rating for his service-connected bilateral lower extremity sciatic nerve peripheral neuropathy with radiculopathy.

The Veteran's claim for service connection for sleep apnea has been granted, with the restoration of disability ratings for GERD, lumbar spine disability, and left lower extremity radiculopathy from March 22, 2019. The Veteran's PTSD rating remains at 70%.

The Veteran's claims for service connection for degenerative disc disease other than IVDS, left lower extremity femoral nerve radiculopathy, and right lower extremity femoral nerve radiculopathy were granted effective June 24, 2019.,Effective June 23, 2020, the Veteran was assigned a 20% rating for his service-connected bilateral lower extremity sciatic nerve peripheral neuropathy with radiculopathy.

The Board denied the Veteran's claim for an earlier effective date prior to June 8, 2021 for a 40 percent rating for his lumbar spine disability, finding that no factually ascertainable increase in severity occurred within one year prior to the effective date.

The Board has granted service connection for sleep apnea syndrome as secondary to the Veteran's service-connected cervical spine degenerative disc disease and depressive disorder. The decision also acknowledges that obesity may be an intermediate step between these conditions.

The Board has decided to remand the case due to errors in pre-decisional duty to assist and insufficient medical evidence. The Veteran's claim for service connection for a back condition is being returned for further development.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected musculoskeletal conditions with obesity as an intermittent step. The evidence shows that the Veteran's weight gain, which is a result of his service-connected musculoskeletal conditions, led to his diagnosis of sleep apnea.

The Board has decided to remand the case due to a failure to obtain relevant medical records from Kaiser Permanente and VA Puget Sound Healthcare System, which could potentially affect the outcome of the service connection claim for back condition.

The Veteran's claims for increased disability ratings for lumbar spine degenerative disc disease with herniated nucleus pulposus, left lower extremity radiculopathy, and right lower extremity radiculopathy were denied as the evidence did not meet the criteria for a higher rating under VA regulations.

The Veteran's claims for TDIU and DEA benefits were denied as effective dates prior to February 15, 2016 are not warranted due to the lack of evidence showing he was unable to secure or follow a substantially gainful occupation by reason of his service-connected disabilities prior to that date.

The Board has granted service connection for migraine headaches on a secondary basis to the Veteran's service-connected psychiatric disability. The issue of direct service connection for migraine headaches is remanded, as well as the issue of service connection for lumbar spine disability due to shoulder disabilities.