Back / lumbar spine decisions — 2024

The Veteran's claim for a rating in excess of 40 percent for his low back condition was denied. The Board found that the evidence did not support an increase to this level, as there was no unfavorable ankylosis. The Veteran's TDIU claim since November 19, 2020, was granted.

The Veteran's hemorrhoids were not rated higher than a compensable rating.,Tinnitus was evaluated at the maximum schedular rating available for that disorder.,Bilateral hearing loss was rated at 30 percent effective October 18, 2019.,Cervical spine disability was rated at 50 percent as of October 18, 2019.,Tension headaches were rated at 50 percent as of October 18, 2019.,Lumbar spine disability was not rated higher than 20 percent prior to February 7, 2020.,RUE radiculopathy and LUE radiculopathy were both rated at 20 percent.,Residual lumbar spine scar did not meet the criteria for a compensable rating.

The Veteran's lumbosacral strain was previously rated at 10 percent and increased to 20 percent effective September 22, 2021. The appeal for higher ratings is denied.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need to obtain Social Security Administration records.

The Veteran's claims for increased ratings and TDIU are being remanded due to insufficient VA examinations.

The claims of service connection for anemia, plantar fasciitis, a back condition, headaches, dehydration, hypercholesterolemia, and vitamin deficiency are dismissed.

The Veteran's radiculopathy of the right lower extremity is rated at 10 percent, which was reduced from 20 percent. The ratings for DDD other than with IVDS and status post laminectomy L4-L5 of spine and right hip degenerative arthritis (thigh, impairment of) are not restored.

The Board has remanded the claims for service connection and rating issues related to psychiatric disability, low back disability, right knee disability, left knee disability, and left thumb disability. The Veteran's disabilities are being examined again to determine their etiology and severity.

The Board has remanded the claims for service connection for various conditions due to inadequate VA opinions and potential duty-to-assist errors. The Veteran's claim for hepatosplenomegaly is denied as there is no evidence of this condition during or near the pendency of his appeal.

The Board has remanded the claims for service connection and rating issues related to psychiatric disability, low back disability, right knee disability, left knee disability, and left thumb disability. The Veteran's disabilities are being examined again to determine their etiology and severity.

The Board has found that the Veteran does not have current disabilities for which service connection can be granted, including headaches, residuals of a fractured left thumb, gastroesophageal reflux disease (GERD), and various hip and back conditions. The claims are being remanded to obtain additional medical records and determine if there is any link between these conditions and service.

The Board has dismissed the appeals for ratings and service connection related to various back, knee, and respiratory conditions due to a lack of a valid Notice of Disagreement (NOD) filed by the Veteran or their representative.

The Veteran's claims for service connection for an acquired psychiatric disability, left knee disability, and right knee disability have been denied. The Board has also remanded the Veteran's claims for service connection for a right shoulder disability and a low back disability.,Service connection was not granted as there is no evidence of a current diagnosable psychiatric disability or left/right knee disabilities related to active service.

The Board has granted the Veteran's claim for service connection for low back disability, finding that his current condition is related to his active duty service and resolving all reasonable doubt in his favor.

The Board has decided to remand the case due to pre-decisional duty to assist errors and a need for a VA examination.

The Veteran's hypertension is granted as presumptively related to herbicide agent exposure. The claims for right upper extremity, left upper extremity, and right lower extremity peripheral neuropathy are denied due to lack of current diagnoses.

The Board has determined that new and relevant evidence was not received to warrant readjudication of the Veteran's claims for service connection for various conditions, including back condition, right leg pain, left leg pain, depression, right wrist carpal tunnel syndrome, and left wrist carpal tunnel syndrome. The decision is based on the evidence available at the time of the March 2022 supplemental claim rating decision.

The Board has determined that the Veteran's low back condition is related to his service, and therefore grants entitlement to service connection for this condition.

The appeals for the proposed decreases in evaluations for right and left knee strains with arthritis are dismissed. The claims of service connection for a lumbar spine disability, bilateral plantar fasciitis, left wrist joint pain, eye disability, and TDIU are remanded.

The Board has remanded the claims of service connection for an acquired psychiatric disorder and a low back disability due to duty-to-assist errors that occurred prior to the January 2022 rating decision on appeal. The AOJ will consider any evidence submitted after the AOJ decision in the adjudication of these claims.