Back / lumbar spine decisions — 2024

The Veteran's right ear hearing loss is not related to his service noise exposure.,The Veteran's DM II was not incurred in service.,The Veteran's left foot hallux valgus (post-surgery left foot bunionectomy residuals) was not incurred in service.,The Veteran does not have a diagnosed psychiatric disability, to include PTSD, depression, anxiety, and problems sleeping.,The Veteran's lower back pain was not incurred in service.

The Board denied the Veteran's claims for higher ratings for her cervical spine spondylosis and thoracolumbar spondylosis, finding that the evidence did not meet the criteria for a rating higher than 20 percent.

The Veteran's lumbar spine disability was rated at 40 percent prior to January 24, 2020, excluding from October 13, 2017, to February 1, 2018. The Board is remanding the case due to a duty to assist error regarding non-VA medical records.

The Veteran's lumbar spine disability is rated at 60 percent since February 9, 1972. The Board has now granted a 100 percent rating for the entire period on appeal due to unfavorable ankylosis of the entire spine.

The Board has granted an earlier effective date of January 7, 2020 for the Veteran's cervical strain disability rated at 30 percent.

The Board has determined that there was a duty to assist error and remanded the claims for service connection for lumbar degenerative disc disease with arthritis and bilateral hearing loss due to noise exposure during active military service.

The Veteran's claims for increased ratings and service connection have been remanded due to pre-decisional duty-to-assist errors. The AOJ is required to correct these errors by obtaining additional medical opinions, creating an Individual Longitudinal Exposure Record (ILER), and scheduling the Veteran for examinations.

Effective dates of June 6, 2014, and no earlier, have been granted for service connection for lumbosacral spine strain with degenerative arthritis, cervical spine strain, degenerative arthritis, and intervertebral disc syndrome, and PTSD.

The Veteran's radiculopathy of the right lower extremity is granted, and he is now rated at a 20 percent disability rating for this condition. The lumbar spine conditions remain at a 20 percent rating.

The Board has granted the Veteran's claim for service connection for a lumbar spine disability, finding that his back pain during service and subsequent progression of symptoms since then are causally related to his active duty.

The Board has granted the Veteran's claims for an earlier effective date of October 24, 2013 for both entitlement to a TDIU and establishment of basic eligibility to DEA benefits.

The Veteran's initial claim for a higher rating for lumbosacral strain prior to February 16, 2021 was denied. From February 16, 2021, the claim for an increased rating was also denied.

The Veteran's claims for increased ratings and service connection are remanded due to procedural errors in the initial rating decision. The AOJ is instructed to obtain adequate range of motion measurements for the lumbar spine disability, provide a VA examination regarding left foot/ankle instability, and adjudicate the secondary service connection claim.

The Veteran's claim for service connection for tinnitus has been granted. The claims for service connection for back disability and increased rating for anxiety are remanded due to duty-to-assist errors.

The Veteran's service-connected lumbosacral strain is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board denied the Veteran's claims for service connection for low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The evidence did not support a finding that these conditions were related to service.,Specifically, there was no medical evidence showing any in-service injury or disease of the back or lower extremities.

The Veteran's claims for increased ratings and earlier effective dates have been granted, with the earliest effective date being September 22, 2020.,Earlier effective dates of September 20, 2020, were also granted for SMC housebound benefits and Dependents' Educational Assistance (DEA) based on the Veteran's service-connected PTSD.

The Board has granted the Veteran's claims for service connection for bilateral hearing loss and a back disorder, finding that both conditions are related to his military service.

The Veteran's claims for increased ratings have been resolved by prior Board decisions, and the issue of entitlement to an initial rating in excess of 10 percent from September 8, 2009 through August 1, 2016 and in excess of 40 percent from August 2, 2016 for service-connected degenerative lumbar spine with degenerative disc disease and spinal stenosis is dismissed. The Veteran's claim for a compensable disability rating for obstructive sleep apnea has been denied due to the improper assignment of a pre-aggravation baseline.

The Veteran's claim for an increased disability evaluation for his service-connected degenerative disc disease and degenerative arthritis of the lumbar spine with IVDS is denied. The VA has assigned a 40 percent rating, which is the maximum available under the applicable diagnostic codes.