Back / lumbar spine decisions — 2024

The Veteran's right shoulder strain and lumbosacral strain are not service-connected, but his allergic rhinitis is granted on a presumptive basis due to exposure in the Southwest Asia theater of operations.

The Veteran's low back disability is granted as service-connected.,The Veteran's right hip disability is granted as service-connected.,The Veteran's left knee osteoarthritis is granted as service-connected.,An initial non-compensable rating for allergic rhinitis remains unchanged.,An initial non-compensable rating for sinusitis remains unchanged.

The Veteran's claim for service connection and an increased rating of 20 percent for lumbosacral strain with degenerative arthritis of the lumbar spine is effective January 5, 2018.

The Veteran's bilateral hearing loss is granted as service-connected. The claims for neck, back, left elbow, right elbow, left hand, right hand, left wrist, and right wrist disabilities are denied. Headaches claim is remanded.

The Veteran's service-connected disabilities, including other specified depressive disorder, right and left lower extremity lumbar radiculopathy, lumbosacral strain, right hip strain, and tinnitus, prevent him from obtaining and maintaining substantial gainful employment. The Board has granted an earlier effective date of June 20, 2019 for the award of a total disability rating due to individual unemployability (TDIU).

The Veteran's appeal for service connection for left lower extremity radiculopathy was dismissed. His claims for increased ratings for low back disability and sciatic radiculopathy of the right lower extremity were also denied.

The Veteran's TBI and migraine headaches are granted as service-connected. The cervical spine, lumbar spine, and bilateral knee disabilities are remanded for further review.

The Board has remanded the claims for service connection for back, right hip, and left hip disabilities due to duty-to-assist errors. The psychiatric disability claim is also being remanded.

The Veteran's service-connected disabilities, including PTSD, lumbosacral strain with degenerative arthritis, and multiple hip and knee conditions, rendered him unable to secure or follow substantially gainful employment. The Board granted a TDIU based on these disabilities.

An initial rating of 30 percent for migraine-headaches is granted.,Service connection for an acquired psychiatric disorder, including PTSD and MDD, and a lumbar disorder are remanded due to insufficient evidence.

The Board has remanded the Veteran's claims for service connection due to a lack of VA examinations and opinions regarding the etiology of his claimed conditions. The Veteran is seeking service connection for various psychiatric, musculoskeletal, and cardiovascular disabilities that he contends began during active service.

The Veteran's TDIU claim is dismissed because he is already receiving a combined schedular rating of 100% for his service-connected disabilities, which means he does not have any single disability rated as totally disabling and thus does not meet the criteria for SMC at the housebound rate.

The Board has granted special monthly compensation based on the need for aid and attendance due to service-connected disabilities, including PTSD, degenerative arthritis of the lumbosacral spine, asthma, bilateral radiculopathy of the sciatic nerve in lower extremities, bilateral radiculopathy of the femoral nerve in lower extremities, hypertension, pseudofolliculitis barbae, and post-operative scars of the lumbosacral spine. The Veteran's service-connected disabilities have rendered him unable to keep himself clean and presentable due to his conditions.

The Board has determined that the VA withheld payment for a month of a temporary 100% disability rating, which was awarded to the Veteran due to his back disability. The Board found this withholding improper and granted the appeal.

The Board has remanded the claim of service connection for lumbosacral strain due to inadequate examination and reliance on lack of documented medical treatment in the absence of lay statements regarding the onset and continuity of symptoms.

The Veteran's degenerative arthritis, lumbosacral strain, and spinal stenosis with intervertebral disc syndrome is currently rated at 20 percent. The Board finds the evidence does not support a higher rating.,The Veteran's right lower extremity radiculopathy of sciatic nerve as secondary to service-connected disability is currently rated at 10 percent. The Board finds the evidence does not support a higher rating.,The Veteran's left lower extremity radiculopathy of sciatic nerve as secondary to service-connected disability is currently rated at 10 percent. The Board finds the evidence does not support a higher rating.

The Board has granted the Veteran's claim for service connection for a lumbar spine disability, finding that his current condition is related to an injury he sustained in active service. The decision resolves reasonable doubt in favor of the Veteran.

The Board has remanded the Veteran's claims for service connection due to a duty-to-assist error and inadequate medical opinions regarding his left foot condition and thoracolumbar spine disability.

The Board has found duty to assist errors occurred and the claims for service connection for right hand tingling, left hand tingling, lower back condition, and neck condition are remanded. Additional medical records from Charlotte Orthopedic Specialists need to be obtained.

The Veteran's claim for service connection for lumbosacral strain with mild sensory left lower extremity S1 distribution is granted, and the issue of service connection for low back disability with radiculopathy is remanded.