Back / lumbar spine decisions — 2024

The Veteran's service-connected disabilities render him unable to perform daily activities of living without the assistance of another, and he meets the requirements for aid and attendance from another. As a result, his claim for SMC based on the need for aid and attendance is granted.

The Board denied the Veteran's claim for service connection for a lumbar spine disorder, finding that it did not have its onset in service and is not etiologically related to service.

The Veteran's cervical spine degenerative joint disease, degenerative disc disease, and intervertebral disc syndrome as well as his right lower extremity radiculopathy are found to have begun during service and are related thereto. Service connection is granted for these conditions.

The Veteran's claim for service connection for a head injury was denied as there is no current diagnosis of residuals or TBI.,The Veteran's MDD, recurrent episode with anxious distress, was granted with a 70% disability rating.

The Board has granted service connection for various conditions, including degenerative arthritis of the cervical and lumbar spine, right and left knee conditions, migraines, benign paroxysmal positional vertigo with dizziness and staggering, urinary dysfunction, bilateral upper and lower extremity radiculopathy, and bilateral pes planus with degenerative arthritis. The Veteran's statements and medical opinions supported these findings.

Service connection is denied for vertigo, sleep apnea, upper back condition, bilateral hearing loss, and tinnitus.,The Veteran's claim of service connection for migraine headaches has been remanded.

The Veteran's claim for an earlier effective date prior to June 9, 2020, for a 20% rating for his back condition was denied.,Claims for initial ratings in excess of 10 percent for radiculopathy of the left and right sciatic nerves prior to September 10, 2020, were also denied.,The Veteran's claim for increased ratings for radiculopathy of the left and right sciatic nerves beginning on September 10, 2020, was granted with a 20% rating.

The Board has decided to remand the case due to a duty-to-assist error, requiring additional medical opinions regarding the Veteran's lumbar spine disability from April 1, 2001 to May 20, 2010.

The Veteran's tinnitus is rated at the maximum schedular evaluation of 10 percent. The Board has denied a higher rating for this condition as it is not available under applicable regulations. For TDIU, the Veteran's combined service-connected disability rating since November 2, 2015 meets the percentage requirements and he is found to be unemployable due to his service-connected disabilities.

The Veteran's service-connected degenerative arthritis of the thoracolumbar spine, right and left lower radiculopathy caused his obesity, which in turn led to obstructive sleep apnea. The Board granted entitlement to service connection for obstructive sleep apnea.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and the Board denies a TDIU for any part of the rating period.

The Veteran's appeal for service connection on multiple issues has been remanded due to procedural errors and the need for additional evidence, including medical opinions related to potential toxic exposure claims under the PACT Act.

The Board has remanded the Veteran's claims due to pre-decisional duty-to-assist errors, requiring additional development and examination.

The Veteran's claim for service connection for a lumbar spine disability is being remanded due to the submission of new and relevant evidence. The issue of service connection for bilateral hearing loss is also being remanded.,Service connection for tinnitus has been denied as there is no probative evidence that the Veteran had continuous symptoms since active duty or within one year post-service, and his current condition is not linked to in-service noise exposure.

The Board has decided to remand the claim for a rating in excess of 10 percent for lumbosacral strain due to inadequate examination regarding flare-ups and repetitive use.

The Veteran's claims for higher ratings for lumbosacral strain and cervical strain are being remanded due to a pre-decisional duty to assist error. A new VA examination is required to assess the current severity of these conditions.

Your claim for service connection for a low back condition was deferred in the April 2022 rating decision. You submitted an NOD, but the Board dismissed your appeal as the deferral did not constitute a final determination.

The Veteran withdrew his appeals for the issues of service connection and increased rating, leaving no grounds for further review.

The Veteran's claims for service connection for thoraco-lumbar myositis with IVDS, left ankle impingement, OSA, cervical spine disorder, left shoulder disorder, right shoulder disorder, left elbow disorder, right elbow disorder, left hip disorder, and right hip disorder have been denied.,The Veteran's claim for service connection for right ankle disorder has also been denied.

The Veteran's low back disability is rated at 40 percent, effective from the date of this decision.