Back / lumbar spine decisions — 2024

The Veteran is granted an earlier effective date of August 15, 2008 for both TDIU and DEA benefits due to service-connected disabilities including lumbar spinal degeneration, left lower extremity radiculopathy, and right shoulder degenerative arthritis.

The Board denied service connection for lumbar spine scoliosis as new evidence did not show a superimposed injury during service.

The Board has decided that service connection for migraine headaches is granted as secondary to the service-connected tinnitus. The low back disability, gastroesophageal reflux disease (GERD), and adjustment/mood disorder claims are remanded due to insufficient medical opinions.

The Board has determined that the Veteran's appeal is being remanded for additional examinations and opinions to address his claims of service connection for various knee, headache, low back, and shoulder disorders. The Veteran will be provided with new VA examinations to determine the etiology of these conditions.

The Veteran's claims for an increased rating and TDIU have been remanded due to the need for a contemporaneous VA examination, as her current rating may be incorrect due to the passage of time since her last VA examination.

The Board has denied service connection for various conditions, including dyslipidemia, bilateral hearing loss, tinnitus, erectile dysfunction (ED), chronic sinusitis, allergic rhinitis, cervical spine disability, lumbar spine disability, right shoulder and left shoulder disabilities, right hip and left hip disabilities, bilateral foot disabilities, right ankle and left ankle disabilities, right knee and left knee disabilities, and bilateral plantar fasciitis. The decision is based on the absence of evidence linking these conditions to service.

The Board has dismissed all claims due to the Veteran's withdrawal of the appeal prior to a decision being made.

The Board has denied service connection for lumbar strain, finding that the current diagnosis is not related to an in-service injury and that there is no evidence of a chronic condition present during or within one year after service.

The Board has determined that the Veteran's lower back disability began during his active-duty service and grants service connection for this condition.

The Veteran's hypertension, allergic rhinitis, sinusitis, upper extremity disability (chronic joint pain, DDD, DJD), lumbar spine disability (lumbosacral strain), plantar fasciitis, sciatica, and insomnia have not been found to be service-connected.,There is no evidence of current disabilities related to the Veteran's claimed conditions during or recent to the pendency of his claims.

The Veteran was granted a TDIU effective January 21, 2020. The Board denied an earlier effective date.,The Veteran was granted eligibility for DEA benefits effective January 21, 2020. The Board denied an earlier effective date.

The Veteran's appeal for an increased disability rating for his service-connected lumbar spine disabilities is remanded due to a duty-to-assist error in the prior VA examinations.

The Veteran's PTSD, along with other service-connected conditions, requires a TDIU from November 1, 2019. The Board has remanded the issue due to conflicting evidence regarding her ability to work.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, qualifying for TDIU. The Veteran does not meet the criteria for SMC at the housebound rate.

The Veteran withdrew his appeal of the claims for increased ratings for thoracolumbar strain, degenerative disc disease and stenosis, as well as left lower extremity radiculopathy, sciatic nerve.

The Board has decided that the Veteran's low back condition is related to his service-connected left knee disability and remands for further development.

The Veteran's initial ratings for lumbar and cervical spine disabilities prior to April 11, 2022 are being remanded due to duty-to-assist errors.

The Veteran's claim for a higher rating for lumbosacral strain with degenerative disc disease and radiculopathy of the left sciatic nerve is denied. A 20 percent rating, but no higher, is granted for radiculopathy of the left sciatic nerve as of May 17, 2021.

The Veteran's lumbar spine disability is granted a 20 percent rating, but no higher. The ratings for left and right lower extremity radiculopathy remain at 40% and 20%, respectively.

The Veteran's claim for a rating in excess of 40 percent for lower back disability is dismissed.,The Veteran's request for an earlier effective date for the increased 40 percent rating for lower back disability is denied.,The Veteran's claim for an earlier effective date for the initial 20 percent rating for right lower extremity sciatic nerve radiculopathy is granted, with the effective date set at July 31, 2020.,The Veteran's claim for an earlier effective date for service connection of erectile dysfunction is denied.,The Veteran's claim for an earlier effective date for SMC based on loss of use of a creative organ is denied.