Back / lumbar spine decisions — 2024

The Veteran's claims for service connection have been granted, and the rating of 10 percent has been assigned.

The Board has denied the Veteran's claims for service connection for lumbar spine, right knee, and right hip conditions due to a lack of evidence linking these conditions to his active duty service.

The Veteran's claims for increased ratings and service connection were denied across multiple conditions, including lumbosacral strain, allergic rhinitis, sinusitis, tension headaches, acne, sleep disorder, gastroesophageal reflux disease (GERD), irritable bowel syndrome (IBS), right wrist disorder, left knee disorder, right knee disorder, neurological disorders affecting the lower extremities, and foot disorders. The Board found that none of these conditions warranted a higher rating or service connection.

The Veteran's claimed disabilities, including left shoulder, right shoulder, right knee, left knee, right foot, and left foot disabilities, as well as bilateral hearing loss, hypertension, and prostate cancer, were not incurred or aggravated during service. The Board found that the evidence did not establish a nexus between these conditions and service.

The Veteran's service-connected insomnia disorder is granted, and she receives a 30% rating for PTSD. The lumbosacral strain issue remains remanded, as does the allergic rhinitis and right knee strain issues.

The Veteran's claim for a higher rating for chronic nausea was denied as the symptoms did not meet the criteria for a severe gastric ulcer.,The Veteran's claim for a higher rating for lumbar spine disability prior to July 22, 2021, and from July 22, 2021, were both denied due to lack of evidence showing forward flexion of the thoracolumbar spine to 30 degrees or less.,The Veteran's claim for a higher rating for PTSD with unspecified alcohol-related disorder and traumatic brain injury (TBI) was denied as there was no total occupational and social impairment.

The Veteran's migraine headaches and back conditions have been restored to their previous ratings, while the knee instability issues remain denied.

The Board has granted service connection for left knee, right knee, and back disabilities, all related to in-service parachute jumps.

The Veteran's claim for SMC based on loss of use of the left hand is dismissed as it has already been granted. The Board finds that he meets the criteria for SMC by reason of need for regular aid and attendance due to his service-connected disabilities, including loss of use of the left hand. However, he does not meet the criteria for SMC based on housebound status.

The Board has remanded the case due to a lack of proper consideration of new evidence submitted after the prior denial, and for further medical opinions regarding service connection.

The Board has determined that the Veteran's lumbar spondylosis and degenerative arthritis of the spine with intervertebral disc syndrome (claimed as back condition) is related to her active service, resolving all doubt in her favor.

The Board has dismissed the claim as the RO has already granted the full benefits sought, including service connection for lower extremity radiculopathy.

The Veteran's service-connected lumbosacral strain, degenerative arthritis, degenerative disc disease L4-L5, and intervertebral disc syndrome is effective the earliest date permissible by law and VA statute.

The Veteran's acquired psychiatric disorder was incurred during service, and his low back and migraine headache disabilities were aggravated by service. Service connection is granted for the acquired psychiatric disorder but denied for the low back and migraine headaches.

The Board has remanded the claims for service connection due to insufficient evidence regarding the etiology of the Veteran's back disorder and associated LLE radiculopathy. The VA examiner is requested to provide an opinion addressing whether these conditions are related to his active duty service, including any in-service injury during ACDUTRA.

The Veteran's lumbosacral strain is related to injuries sustained during service.,The left ankle sprain is secondary to the right ankle condition.,Radiculopathy in both lower extremities (sciatica) is also secondary to the lumbar spine condition.

The Veteran's memory loss and lack of concentration are not related to service, as there is no evidence of an in-service event or continuous symptomatology since service.,There is no evidence linking the Veteran's GERD with nausea to his active duty service.

The Veteran's service-connected schizophrenia, lumbosacral strain with scoliosis, and tinnitus render him so helpless as to require the regular need for aid and attendance. The Board granted special monthly compensation (SMC) based on the need for aid and attendance.

The Board has determined that the Veteran's claims for service connection for a left knee disability and low back disability should be remanded due to pre-decisional duty to assist errors, specifically regarding the need for VA examinations.

The Board has restored the Veteran's disability rating for degenerative arthritis of the lumbar spine from 40 percent to 40 percent effective January 1, 2022.