Back / lumbar spine decisions — 2024

The Veteran's claim for PTSD was denied due to a lack of medical diagnosis based on DSM-V criteria.,Service connection for an acquired psychiatric disability (including anxiety and depression) was also denied as there is no evidence of continuity of symptomatology since service.

The Board has granted service connection for chronic lumbar spine strain, finding that the Veteran's current condition is at least as likely as not due to his military service.

The Veteran's back condition is now rated at 40 percent effective May 12, 2020. Prior to this date, the rating was denied.

The Veteran's TDIU claim is granted throughout the appeal period.,An effective date of September 15, 2021 for a 20% rating for back condition is granted.,An effective date earlier than August 13, 2018 for a 10% rating for neck condition is denied.

The Veteran's claims for service connection have been withdrawn, and the Board has dismissed these issues due to withdrawal. The Veteran does not meet the criteria for hearing loss for VA purposes.

The Veteran's appeals for increased ratings for lumbar radiculopathy of the right and left lower extremities have been dismissed due to untimely filing of Notice of Disagreement (NOD).

The Veteran's claims for service connection for a thoracolumbar spine condition, cervical spine condition, and PTSD due to military sexual trauma have been remanded by the Board.,New evidence has been submitted that tends to support the Veteran's claim of a condition onsetting during a period of active service.

The Board has granted service connection for a low back condition, left lower extremity radiculopathy, and right lower extremity radiculopathy, finding that these conditions are related to the Veteran's now service-connected low back condition.

The Veteran's low back disability has been granted a 40 percent rating, effective August 29, 2020.

The Veteran's lumbosacral strain was rated at 10% from August 5, 2019. The claim for a higher rating was filed on May 22, 2020, and the Board found that the effective date should be set to May 22, 2020, as this is when the Veteran first submitted a claim for an increased rating.

The Veteran's claim for service connection for degenerative disc disease with spondylosis, lumbar spine was denied. The effective date of the award is April 14, 2021.

The Board has granted service connection for right knee strain and denied service connection for hypertension, OSA, cervical spine arthritis, left shoulder arthritis, and lumbar spine arthritis. The Veteran's right knee strain is found to be related to his in-service symptoms and post-service treatment. However, the Board determined that there was no nexus between the current diagnosis of hypertension and the elevated blood pressure readings during service.

The Board has decided to remand the case due to a duty-to-assist error in the previous rating decision, and requires additional opinions regarding whether the Veteran's GERD is caused or aggravated by his service-connected back disability.

The Veteran's right knee disability, status post total arthroplasty, is denied a rating in excess of 30 percent.,The Veteran's degenerative arthritis of the thoracolumbar spine and IVDS is denied a rating in excess of 20 percent.,The Veteran's service-connected right lower extremity radiculopathy from March 6, 2019, is granted a disability rating of 20 percent.,The Veteran's service-connected left lower extremity radiculopathy has not been rated higher than 20 percent.

The Veteran's claim for service connection of a low back condition is being remanded due to the submission of new and relevant evidence. The AOJ will obtain his VA and private medical records related to his back surgeries and treatment.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that his service-connected conditions were not the principal or contributory causes of his death.

The Board has decided to remand the Veteran's claims for gastritis and lumbar spine disability due to insufficient evidence in their initial decision. The case will be returned to the AOJ for further review.

The Veteran's cervical spine degenerative arthritis is granted a 30 percent rating.,The Veteran's lumbar spine degenerative arthritis is granted a 40 percent rating.

The Board has granted a revision of the April 6, 2021 decision to reflect an earlier effective date of February 5, 2012 for the grant of individual unemployability due to service-connected disability (TDIU). The Veteran's TDIU claim was inferred during the course of his appeal for service connection claims.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on aid and attendance or housebound status due to his employment as a courthouse bailiff, which is inconsistent with needing regular aid and attendance.